6
14.
That the Secretariat requested repeatedly that the representatives provide
information about the present status and situation of the beneficiaries of the
provisional measures in an individualized manner (supra Having Seen clause 9), if the
extreme gravity and urgency persists in order to avoid irreparable damage to: inter
alia: Helen Mack Chang and each one of her relatives, i.e.: Zolia Esperanza Chang Lau
(mother), Marco Antonio Mack Chang (brother), Freddy Mack Chang (brother), Vivian
Mack Chang (sister), Ronald Chang Apuy (cousin), Lucrecia Hernández Mack
(daughter) and her children, as well as the other members of the Myrna Mack
Foundation. On the basis of such requests the representatives have informed about
the actions agreed on with the State in order to establish new ways to implement the
measures (supra Considering clause 9). However, this Court notes that the
representatives have not provided detailed and accurate information about the present
situation of each one of said beneficiaries so far, as requested in the communications
mentioned above (supra Having Seen clause 9).
15.
That this Court considers that the State must use the most effective means in
order to implement the protection measures ordered. In case the State considers it
pertinent to make some changes in their application, the State shall explain the
reasons for these changes and carry them out with the participation of the
beneficiaries thereof.
16.
That pursuant to the information provided by the parties, the Tribunal observes
that, following the provisions set forth in the various Order of the Courts (supra Having
Seen clauses 2, 3 and 5), the protection measures must be implemented in agreement
with the beneficiaries and/or their representatives; therefore, any changes adopted by
the State unilaterally, in principle, have raised concern in view of the risk situation that
this may involve for the beneficiaries, and particularly for Mrs. Mack Chang and her
relatives, as well as for the other members of the Mack Foundation. Due to the above,
the Court reiterates that the State must inform about the implementation of same.
17.
That it is essential that the representatives submit to the Court an updated
evaluation on the situation of extreme gravity and urgency of each one of the
beneficiaries of these measures, stating their arguments duly founded and including
evidence, to establish why they consider that the measures ordered must be
maintained in relation to Helen Mack Chang and each one of her relatives duly
individualized (supra Considering clause 14), as well as the protection offered to the
members of the Foundation. Likewise, the Inter-American Commission must make its
observations to that end.
*
*
*
Regarding Ronald Chang Apuy
18.
That on July 29, 2008 the representatives informed that Mr. Ronald Chang
Apuy, a relative of Mrs. Helen Mack Chang and a beneficiary of the provisional
measures, “received three shots from a firearm while driving his vehicle in a sector of
Zone 10 of Guatemala City”, and that on the date of said communication Mr. Chang
Apuy “was being operated on urgently in a hospital of this city”. The representatives
pointed out that they “did not know the motive of the fact, but they did not discard the
possibility that the attack against the life of Mr. Ronald Chang Apuy was due to the
work done by Mrs. Helen Mack and the Myrna Mack Foundation in favor of
strengthening the rule of law”.