ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF AUGUST 29, 1998
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
BÁMACA VELÁSQUEZ CASE
HAVING SEEN:
1.
The proceedings in the Bámaca Velásquez case before the Inter-American
Court of Human Rights (hereinafter "the Court" or "the Inter-American Court") and
the transcript of the statement made by Mr. Santiago Cabrera-López during the
public hearing the Court held at its seat on June 16, 17 and 18, 1998, on the merits
of the case.
2.
The petition of June 24, 1998, in which the Inter-American Commission on
Human Rights (hereinafter "the Commission" or "the Inter-American Commission"),
pursuant to Article 63(2) of the American Convention on Human Rights (hereinafter
"the Convention" or "the American Convention") and Article 25 of the Rules of
Procedure of the Court, submitted to the Court a request that it "adopt effective
security measures to protect the life and physical integrity of Santiago Cabrera. The
Government of Guatemala and the person for whom protection is being requested
should mutually agree upon the protective measures so as to ensure their
effectiveness and relevance. " As grounds for its request, the Commission informed
the Court that:
[Mr.] Cabrera testified [before the Inter-American Court] on facts that clearly implicated
specific State agents in human rights violations. However, the suspect State agents
have neither been brought to trial nor are they in custody and, although summoned by
the Court, did not appear. The freedom with which they are able to operate is a threat
to the safety of the above-named witness. [Mr.] Cabrera lives in Guatemala and
returned to his home there immediately upon conclusion of the hearings at the Court.
[Mr.] Cabrera has asked the Commission to petition the Court to protect his life and
integrity.
3.
The June 30, 1998 Order of the President of the Inter-American Court of
Human Rights (hereinafter "the President"), wherein he decided:
1.
To request the State of Guatemala to adopt forthwith such measures as are
necessary to protect the integrity of Mr. Santiago Cabrera-López, so that the Court might
examine the pertinence of the provisional measures requested by the Inter-American
Commission on Human Rights.
2.
To request the State of Guatemala to submit a report by July 17, 1998, on the
measures taken pursuant to the President’s Order and its view on the measures
requested by the Inter-American Commission on Human Rights so that information
might be brought to the Court’s attention.
3.
To request the Inter-American Commission on Human Rights to present its
observations on the initial report submitted by the Guatemalan State within one month
from the date on which the report is transmitted to it.
4.
To submit to the Inter-American Court of Human Rights, for consideration at its
fourty-first regular session, the petition from the Inter-American Commission on Human