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ORDER OF THE INTER-AMERICANCOURT
OF HUMAN RIGHTS OF SEPTEMBER
10, 1996 PROVISIONALMEASURES
REQUESTED BY THE INTER-AMERICANCOMMISSION
ON HUMAN RIGHTS IN THE MATTEROF
GUATEMALA COLOTENANGOCASE HAVING SEEN: 1.
The Order of theInter-American Court of Human Rights (hereinafter "theCourt"
or "the Inter-American Court") of February1, 1996, the operative
part of which provides as follows: 1. To take note of the measures adopted by the Government of the Republic of Guatemala in compliance with the Order of May 18, 1995. 3. To call upon the Government
of the Republic of Guatemala, further to the measures already in place,
to institute mechanisms of control and vigilance over the civil patrols
operating in Colotenango. 4. To call upon the Government
of the Republic of Guatemala and the Inter-American Commission on Human
Rights to continue to provide periodic reports to the Inter-American
Court of Human Rights concerning the measures taken in accordance with
the Order of May 18, 1995. 5. To request the Inter-American
Commission on Human Rights to consider the appropriateness of submitting
this case to the Inter-American Court of Human Rights for its consideration. 2.
The reports submitted to theCourt by the Government of the Republic
of Guatemala (hereinafter"Guatemala" or "the Government")
on March 15,May 10 and July 11, 1996, in which it informed the Court
of themeasures taken pursuant to paragraphs 3 and 4 of theaforementioned
Order. 3.
The briefs, received at theInter-American Court of February 22, April
24, May 30 and August7, 1996, containing the comments of the Inter-American
Commissionon Human Rights (hereinafter "the Commission" or"the
Inter-American Commission") on the Government'sreports. 4.
The Government's brief ofAugust 21, 1996, in which it requested the
Court to extend by sixmonths the provisional measures ordered in the
instant case, soas to "provide a framework of security and tranquillity"for
the process for a friendly settlement in which the twoparties are engaged. 5.
The Commission's brief ofAugust 30, 1996, in which "it concurs
in the request ofthe Illustrious Government of Guatemala for an extension
of theprovisional measures ordered." CONSIDERING: 1.
That the period covered bythe extension of the provisional measures,
established inparagraph 2 of the Order of February 1, expired on August
1,1996. 2.
That pursuant to the Orderof the Inter-American Court of May 18, 1995,
Guatemala haspunctually and regularly submitted eight reports on the
status ofthe provisional measures in the instant case. 3.
That the Commission, for itspart, has regularly submitted its comments
on the Government'sbrief and has also reported on the status of the
provisionalmeasures ordered. 4.
That, by Order of December1, 1994, the Court decided to call upon the
Government ofGuatemala to use "all the means at its disposal
toenforce the arrest warrant issued against the 13 patrol memberscharged
as suspects in the case before the Second Trial Court ofHuehuetenango
involving the criminal acts which took place onAugust 3, 1993, in Colotenango." 5.
That, according to thelatest brief from the Inter-American Commission,
on April 25 lastthe First Trial Court of Huehuetenango acquitted the
ninepatrolmen detained in connection with the Colotenango case, anevent
which the Commission claims "increases the risk tothe inhabitants
and their fear of further reprisals." 6.
That in the brief presentedon August 21, 1996 the Government requests
that the Court extendfor a period of six months the provisional measures
ordered inthis case "for the purpose of providing a framework
ofsecurity and tranquillity for the... process for a friendlysettlement"
initiated through the good offices of theInter-American Commission. 7.
That the Commission accededto the Government's request for the extension
of the provisionalmeasures ordered by the Court. NOW, THEREFORE: THE INTER-AMERICAN
COURT OFHUMAN RIGHTS, pursuant to Article
63(2) ofthe American Convention on Human Rights, DECIDES: 1.
To take note of the measuresadopted by the Government of the Republic
of Guatemala, pursuantto the Order of February 1, 1996. 2.
To maintain for six monthsas of this day the provisional measures in
force in the instantcase. Done in Spanish
and English,the Spanish text being authentic, at the seat of the Court
in SanJosé, Costa Rica on this tenth day of September, 1996.
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