Carpio Nicolle Case, Provisional Measures in the Matter of Guatemala

Carpio Nicolle Case, Provisional Measures in the Matter of Guatemala

Order of the Court of February 1, 1996 Inter-Am. Ct. H.R.

HAVING SEEN:

1. The Order of the Inter-American Court of Human Rights (hereinafter "the Court" or "the Inter-American Court") of September 19, 1995, in which it decided:

1. To confirm and to adopt as its own the urgent measures taken by the President in the Orders of June 4 and July 26, 1995.

2. That these provisional measures will be in force for six months as of notification of this Order.

3. To require the Government of the Republic of Guatemala to continue providing monthly information on the provisional measures taken.

4. To require the Inter-American Commission on Human Rights to present to the Court its observations on the information submitted by the Government no later than fifteen days after its receipt.

5. That the President of the Court will order additional pertinent measures, if necessary, depending on the facts put forth by the Commission at the September 16, 1995 hearing.

2. The reports of the Government of the Republic of Guatemala (hereinafter "the Government" or "Guatemala") received by the Court on October 10, November 3, and December 6, 1995, and January 5, 1996.

3. The written comments of the Inter-American Commission on Human Rights (hereinafter "the Inter-American Commission") in regard to the said reports, which were received by the Court on October 25, November 21, and December 20, 1995, and January 22, 1996.

CONSIDERING:

1. That in its Order of September 19, 1995, the Court decided that the provisional measures prescribed in the present matter should be in force for six months from the time of notification of the said Order.

2. That the reports, which have been provided in timely fashion, indicate that the Government has taken some steps towards the implementation of the directives of the Inter-American Court.

3. That, in light of the representations made by the Inter-American Commission on Human Rights on alleged acts of intimidation and threats directed towards certain of the persons for whose benefit the provisional measures were ordered, the Court continues to be concerned in regard to the prevention of irreparable damage arising from the violation of the human rights recognized in the American Convention.

NOW, THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,

By virtue of Article 63(2) of the American Convention on Human Rights, and in exercise of the powers conferred on it by Articles 24 and 45 of its Rules of Procedure,

DECIDES:

To extend until September 20, 1996, the provisional measures ordered in the September 19, 1995, Order of the Court.

Héctor Fix-Zamudio
President

Manuel E. Ventura-Robles, Secretary