Precautionary Measures
PM 410-10 - Héctor Francisco Lucas Méndez, Guatemala
On December 13, 2010, the Commission requested precautionary measures on behalf of Héctor Francisco Lucas Méndez. According to the information furnished, the beneficiary would be in a situation of risk, presumably due to the opening of proceedings that would result in investigations and trials in the alleged murder of his brother, Junio Maynor Lucas Méndez, which allegedly occurred on August 17, 2010. Specifically, the requesters noted that Mr. Héctor Francisco Lucas Méndez had suffered an attack on his life on September 28, 2010, one day after he had given his statement in the aforementioned legal proceeding. In view of the foregoing, the IACHR requested, inter alia, that the State adopt the necessary measures to protect the life and physical integrity of Héctor Francisco Lucas Méndez, and to investigate the events leading to the adoption of the precautionary measures.
PM 185-07 - Norma Cruz Córdova and Alan Maldonado Ordóñez, Guatemala
On August 18, 2010, the IACHR expanded Precautionary Measures 185-07 to incorporate as beneficiaries Norma Cruz Córdova and Alan Maldonado Ordóñez, members of the Survivors Foundation (Fundación Sobrevivientes) of Guatemala. It is alleged that in June 2010, Norma Cruz Córdova received death threats in connection with a legal case brought by the foundation. The Commission's decision modifies precautionary measures originally granted on October 26, 2007. The Commission asked the State of Guatemala to adopt the measures necessary to guarantee the life and physical integrity of the beneficiaries, reach agreement with the beneficiaries and their representatives on the measures to be adopted, and inform the Commission on the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 259-10 - Marco Vinicio Hernández González et al., Guatemala
On August 13, 2010, the IACHR granted precautionary measures for Marco Vinicio Hernández González and the immediate family of Juan Fidel Pacheco Coc, in Guatemala. The request for precautionary measures alleges that Juan Fidel Pacheco Coc, Secretary General of the General Labor Union of Employees of the General Directorate of Migration of Guatemala (USIGEMIGRA), was murdered on July 31, 2010, after receiving threats. That same day, Marco Vinicio Hernández González, Assistant Secretary General of USIGEMIGRA, allegedly received threats in which he was told that he was "next on the list." It is alleged that in May 2010, Mr. Pacheco Coc asked the appropriate authorities for protection measures for the members of the labor union, but that he had received no response. The Inter-American Commission requested that the State of Guatemala adopt the necessary measures to guarantee the life and physical integrity of Marco Vinicio Hernández González and the immediate family of Juan Fidel Pacheco Coc; that it reach agreement with the beneficiaries and their representatives on the measures to be adopted; and that it inform the Commission about the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 260-07 - Communities of the Maya People (Sipakepense and Mam) of the Sipacapa and San Miguel Ixtahuacán Municipalities in the Department of San Marcos, Guatemala
On May 20, 2010, the IACHR granted precautionary measures for the members of 18 communities of the Maya indigenous people: Tres Cruces, Escupijá, Pueblo Viejo, La Estancia, Poj, Sipacapa, Pie de la Cuesta, Cancil, Chual, Quecá, Quequesiguán, San Isidro, Canoj, Ágel, San José Ixcaniché, San José Nueva Esperanza, San Antonio de los Altos, and Siete Platos, in Guatemala. The request for precautionary measures alleges that in November 2003, the Ministry of Energy and Mines granted the Montana company a license to mine for gold and silver for 25 years, within an area of 20 square kilometers in the municipalities of Sipacapa and San Miguel Ixtahuacán. The concession's environmental and hydrological impact area would encompass the territories of at least 18 communities of the Maya people in both municipalities. The petitioners allege that the mining concession was issued and mining began without the prior, complete, free, and informed consultation of the affected communities of the Maya people. Montana reportedly began constructing the Marlin I Mine in 2003 and extracting gold and silver in 2005. The petitioners maintain that the mining has produced grave consequences for the life, personal integrity, environment, and property of the affected indigenous people, since the Tzalá River and its tributaries are the only sources of water for consumption and subsistence activities. According to the request, a number of water wells and springs have dried up, and the metals present in the water as a result of the mining activity have had harmful effects on the health of members of the community. The Inter-American Commission asked the State of Guatemala to suspend mining of the Marlin I project and other activities related to the concession granted to the company Goldcorp/Montana Exploradora de Guatemala S.A., and to implement effective measures to prevent environmental contamination, until such time as the Inter-American Commission on Human Rights adopts a decision on the merits of the petition associated with this request for precautionary measures. The IACHR likewise asked the State to adopt the necessary measures to decontaminate, as much as possible, the water sources of the 18 beneficiary communities and to ensure their members access to water fit for human consumption; to address the health problems that are the subject of these precautionary measures, in particular to begin a health assistance and health care program for the beneficiaries aimed at identifying those who may have been affected by the consequences of the contamination, so as to provide them with appropriate medical attention; to adopt any other necessary measures to guarantee the life and physical integrity of the members of the 18 aforementioned Maya communities; and to plan and implement the protection measures with the participation of the beneficiaries and/or their representatives.
On December 7, 2011, after examining additional information submitted by the State and the petitioners, the IACHR notified its decision to modify these precautionary measures, and requested the State of Guatemala to adopt the necessary measures to ensure that all beneficiary members of the 18 Mayan communities have access to potable water appropriate for human consumption and household use, as well as for irrigation purposes. Specifically, the IACHR requested the State to take the necessary measures, in order that the 18 beneficiary communities' water resources are not contaminated by mining activities.
PM 79-10 - Nineth Montenegro and Family, Guatemala
On March 25, 2010, the IACHR granted precautionary measures for Nineth Montegro and her family, in Guatemala. The request for precautionary measures alleges that in early March 2010, Congresswoman Nineth Montenegro Cottom learned of a plan to try to kill her. The request indicates that on March 4, 2010, Ms. Montenegro Cottom met with personnel from the International Commission against Impunity in Guatemala (CICIG), who offered her security measures provided by the Secretariat for Administrative and Security Affairs (SAAS). The request adds that on March 10, Ms. Montenegro Cottom met with personnel from the Ministry of the Interior to discuss the security plan being offered, and expressed her lack of confidence in the services that the SAAS and the National Civilian Police could offer. It also indicates that Ms. Montenegro Cottom would have an armored vehicle, but she believes that she needs a more extensive security scheme. The Inter-American Commission asked the State of Guatemala to adopt the necessary measures to guarantee the life and physical integrity of Congresswoman Nineth Montenegro Cottom and her family, including Alejandra García Montenegro, Emilia García, Mario Alcidez Polanco Pérez, and Carlos Humberto Peraza Ramírez, as well as X, whose identity is being withheld as he is a minor. The Commission also requested that the State reach agreement with the beneficiaries and their representatives on the measures to be adopted and inform the Commission on the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 71-10 - Claudia Samayoa, Erenia Vanegas, and Members of UDEFEGUA, Guatemala
On March 25, 2010, the IACHR granted precautionary measures for Claudia Samayoa Pineda, Erenia Yamileth Vanegas Zapata, and their families, as well as the other members of the Unit for the Protection of Human Rights Defenders (UDEFEGUA), in Guatemala. The request for precautionary measures alleges that the beneficiaries have been targets of harassment in recent months as a result of their work and their complaints about alleged abuses of authority committed by State officials. The request alleges that despite the fact that the acts had been reported to the competent authorities, effective protection measures had not been implemented. The Inter-American Commission asked the State of Guatemala to adopt the necessary measures to guarantee the life and physical integrity of Ms. Samayoa and Ms. Vanegas, their families, and the other members of UDEFEGUA; to reach agreement with the beneficiaries and their representatives on the measures to be adopted; and to inform the Commission about the steps taken to investigate the facts that led to the adoption of precautionary measures.
PM 364-09 - Carlos Amilcar Orellana Donis, Guatemala
On January 19, 2010, the IACHR granted precautionary measures for Carlos Amilcar Orellana Donis, in Guatemala. The request for precautionary measures alleges that in the early morning hours of August 29, 2009, Mr. Carlos Amilcar Orellana Donis was transferred unexpectedly to a maximum-security prison, even though he had not yet been tried. It adds that of the eight persons who have been charged in the case against him, he was the only one who was transferred. It states that the maximum-security prison also houses those who in 2007 allegedly killed the four police officers charged in the same crime in which Mr. Orellana Donis has been accused. The request also alleges that courts in Guatemala have recently issued rulings ordering the return of Mr. Orellana Donis to a preventive detention center, and that the competent Guatemalan authorities have not complied with these rulings. The IACHR asked the State of Guatemala for information in December 2009 but received no response. The Inter-American Commission requested that the State of Guatemala adopt the necessary measures to guarantee the life and physical integrity of the beneficiary and to separate him from the persons deprived of liberty who have already been convicted.