3
8.
The January 6, 2004 report by the State of Guatemala (hereinafter “the
State” or “Guatemala”), in which it pointed out that due to the complaint filed on
September 4, 2004 by Víctor Hansel Morales-López, stating that he was “under
surveillance from and threatened [by] groups called ‘maras’,” it decided to “extend
the security measures in his favor for a substantial time,” but that on September 18,
2003 Mr. Morales-López had traveled to Houston, United States, to live and work in
that city. For this reason, the State asserted that to date it had received no other
reports of incidents suffered by the family of Justo Victoriano Martínez-Morales and it
requested the total lifting of the provisional measures, “as there [we]re no longer
reasons” to continue providing them.
9.
The February 9, 2004 brief with comments by the Inter-American Commission
on Human Rights (hereinafter “the Commission” or “the Inter-American
Commission”), in which it pointed out that, according to information supplied by
Floridalma López-Molina, her son Víctor Hansel Morales-López had returned to
Guatemala on December 5, 2003. On the other hand, with respect to the State’s
request to lift the provisional measures, the Commission endorsed the concern
expressed by the beneficiaries of those measures, who stated that they felt a “wellfounded fear for their security due to completion of the prison sentence of Vicente
Cifuentes-López, who was convicted by the Guatemalan judicial authorities as one of
the persons responsible for the murder of Nicholas Chapman Blake in the trial during
which Justo Victoriano Martínez-Morales rendered testimony and due to which he and
his family received serious death threats. In this regard, the Commission asked the
Court to extend the provisional measures for six months, during which the State
must supply information on the legal situation of Vicente Cifuentes-López, so as to
assess whether the conditions that gave rise to those measures still exist.
10.
The April 26, 2004 report by the State, in which it asserted that the
protection measures ordered by the Court in this case had not been interrupted.
Also, regarding the legal situation of Vicente Cifuentes-López, the State reported that
he was an inmate at the Granja Modelo de Rehabilitación Cantel penitentiary in
Quetzaltenango, serving the incommutable 28 year prison term to which he was
sentenced for the murder of Nicholas Chapman Blake, and that he must continue
serving this prison sentence until March 11, 2025.
11.
The July 1, 2004 brief with observations by the Inter-American Commission,
in which it reported that Floridalma López and her children were in good conditions
regarding security and were in agreement with the protection measures adopted by
the State through the National Civil Police. In this regard, the Commission pointed
out that given the effectiveness of said measures, it would be prudent for the State
to continue them six months more.
12.
The July 20, 2004 report by the State, in which it reported that on June 11,
2004 it summoned Víctor Hansel Morales-López, beneficiary of the provisional
measures, to the seat of the Comisión Presidencial Coordinadora de la Política del
Ejecutivo en Materia de Derechos Humanos (COPREDEH) in the Department of
Huehuetenango, to verify compliance with said measures, and he stated that the
members of his family had suffered no personal security problems, threats or
intimidation, and that the National Police continued to provide them with security
measures, through the presence of “a member of this institution” twenty-four hours
a day and by regular patrols in the vicinity of their house. In this regard, the State
pointed out that the next of kin of Justo Victoriano Martínez, beneficiaries of the
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