Order of the
Inter-American Court of Human Rights
of July 6, 2009
Case of Carpio-Nicolle v. Guatemala
Provisional Measures
HAVING SEEN:
1.
The Orders issued by the President of the Inter-American Court of Human Rights
(hereinafter, “the Court”, “the Inter-American Court” or “the Tribunal”) of June 4 and
July 26, 1995 and the Orders of the Court of September 19, 1995, February 1 and
September 10, 1996, September 19, 1997, June 19 and November 27, 1998,
September 30, 1999, September 5, 2001, and July 8, 2004. In the July 8, 2004 Order
the Court decided, inter alia:
1.
To ratify, in all its parts, its Order of September 5, 2001, adopted on behalf of Mrs.
Martha Arrivillaga de Carpio and Mrs. Karen Fischer.
2.
To call upon the State to maintain the provisional measures necessary to protect the life
and the integrity of the person of Mrs. Martha Arrivillaga de Carpio.
3.
To call upon the State, in its next report[…], to submit detailed information on the
reasons why it suspended the security assigned to Mrs. Martha Arrivillaga de Carpio’s place of
work and whether this security is currently being provided to her.
4.
To call upon the State to maintain the measures necessary to protect the life and the
integrity of person of Mrs. Karen Fischer, while providing the personnel charged with her security
with the same working conditions accorded to any Guatemalan State security agent.
5.
To call upon the State to investigate the recent events involved in the threats allegedly
made against Mrs. Karen Fischer, including the alleged attempt on her life and on her security
detail on June 19, 2004 […], in order to identify those responsible and punish them in accordance
with the law.
6.
To call upon the State to investigate the facts that necessitated the provisional
measures in question, in order to identify those responsible and punish them in accordance with
the law.
7.
To call upon the State to immediately expand the provisional measures called for in the
Order of September 5, 2001, to protect the life and the integrity of the person of Messrs. Jorge
and Rodrigo Carpio-Arrivillaga, Abraham Méndez-García, the latter’s wife and children, and young
Rodrigo and Daniela Carpio-Fischer, should these last two young people return to the country.
8.
To call upon the State to give the beneficiaries a role in planning and implementing the
measures of protection and, in general, to keep them informed of the progress of the provisional
measures ordered by the Inter-American Court of Human Rights.
[…]
2.
The request to rescind the provisional measures filed by the Republic of
Guatemala (hereinafter, “the State” or “Guatemala”) in the communication received by
the Secretariat of the Court (hereinafter, “the Secretariat”) on June 14, 2007.