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Blake Case, Order of the Court of April 18, 1997, Inter-Am. Ct. H.R. (Ser. E) No. 2 (1997).



 

 

 

 

HAVING SEEN:

1.             The Order of the President of the Inter-American Court of Human Rights (hereinafter "the Court") of August 16, 1995, in which he decided

[t]o request that the Government of the Republic of Guatemala adopt without delay any measures necessary to effectively ensure the protection and personal safety of JUSTO VICTORIANO MARTINEZ-MORALES, FLORIDALMA ROSALINA LOPEZ-MOLINA, VICTOR HANSEL MORALES-LOPEZ, EDGAR IBAL MARTINEZ-LOPEZ and SYLVIA PATRICIA MARTINEZ-LOPEZ [and to] request that the Government of the Republic of Guatemala adopt any measures necessary so that the aforementioned persons may continue residing in their place of domicile and be guaranteed that no agents of the Guatemalan State nor other persons acting under the authority of the State shall persecute or threaten them.

2.             The Order of the Court of September 22, 1995, in which it ratified the aforementioned order of the President and requested that the State of Guatemala (hereinafter "the State") maintain the provisional measures adopted in the instant Case.

3.             The statement made by Mr. Justo Victoriano Martínez-Morales, a witness in this Case and one of the persons on whose behalf the provisional measures were adopted, at the public hearing on the merits of the Blake Case held by the Court at its seat on April 17, 1997, to the effect that he feared for his life and physical safety and those of his family and that he was protected by the State only at his home.

CONSIDERING:

That, as Mr. Martínez-Morales told this Court, the State has taken effective measures to ensure his protection and that of his family at their home.  However, the beneficiaries of the provisional measures adopted by the Court in the instant Case are not protected outside their homes.

NOW THEREFORE:

THE INTER-AMERICAN COURT OF HUMAN RIGHTS,

in exercise of the powers granted it in Article 29 of its Rules of Procedure,

DECIDES:

1.             To take note of the measures adopted by the State of Guatemala in compliance with the Order of the Court of September 22, 1995.

2.             To call on the State of Guatemala to expand the measures adopted to provide them to Justo Victoriano Martínez-Morales, Floridalma Rosalina López-Molina, Víctor Hansel Morales-López, Edgar Ibal Martínez-López and Sylvia Patricia Martínez-López not only in their homes but outside of them.

Done in Spanish and English, the Spanish text being authentic, at the seat of the Court, in San Jose, Costa Rica, on this eighteenth day of April, 1997.

 

 



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