7
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
by virtue of the authority granted to it by Article 63(2) of the American Convention
on Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To ratify, in its entirety, the December 20, 2002 Order of the President of the
Inter-American Court of Human Rights.
2.
To order the State of Guatemala to adopt, forthwith, such measures as may
be required to protect the life and the right to humane treatment of José León
Bámaca Hernández, Egidia Gebia Bámaca Velásquez, Josefina Bámaca Velásquez,
Alberta Velásquez, Rudy López Velásquez and the other members of the Bámaca
Velásquez family who live permanently in Guatemala.
3.
To order the State of Guatemala to adopt, forthwith, such measures as may
be required to ensure that the beneficiaries of the instant measures can continue to
live in their usual place of residence.
4.
To order the State to allow the representatives of the victims to participate in
planning and implementation of the protection measures and, in general, to inform
them of progress regarding the Provisional Measures ordered by the Inter-American
Court of Human Rights.
5.
To order the State to investigate the facts stated in the complaint that gave
rise to the instant measures with the aim of discovering and punishing those
responsible.
6.
To order the State to report to the Inter-American Court of Human Rights on
the measures adopted to comply with the instant Order no later than March 10,
2003.
7.
To require the representatives of the victims to submit their comments on the
report by the State within a week of having received it, and the Inter-American
Commission on Human Rights to submit its observations within two weeks of being
notified of the report filed by the State.
8.
To order the State, subsequent to its first report (supra operative paragraph
six), to continue reporting to the Inter-American Court of Human Rights, every two
months, on the Provisional Measures adopted, and to require the representatives of
the victims to submit their comments on said reports by the State within four weeks
of when they received them, and the Inter-American Commission on Human Rights
to submit its observations within six weeks of when it received notice of the
respective reports filed by the State.
Antônio A. Cançado Trindade
President
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