9
not been reported to the competent authority, and that there is only one report filed
by the beneficiary with the Prosecutor’s Office for Administrative Crime, against the
members of Patrol PCN-11-066. Furthermore, the State affirmed that in compliance
with its constitutional and conventional duties, the State requested that the National
Civil Police provide perimetral protection during the peaceful protest of Mr. Lemus
Alvarado at the Civic Center, 7a, Avenue 27, Zone 1 of Guatemala City. To that end,
the State requested that the Court lift and file the measures in favor of Mr. Lemus
Alvarado. In its brief of July 15, 2008 the State indicated that, in relation to the
security of beneficiary Lemus Alvarado, the Foundation had expressed that the security
measures were being complied with satisfactorily. It must be pointed out that the
State has not given a specific opinion on the measures adopted for each one of the
relatives of Mr. Lemus Alvarado, as required in the Secretariat’s note of July 18, 2008
(supra Having Seen clause 10).
27.
That as regards beneficiary Jorge Guillermo Lemus Alvarado and each one of his
relatives protected by the measures, the Court observes that the representatives have
only reproduced the allegations expressed by the beneficiary without making any type
of evaluation about such matter. Due to the above, this Tribunal considers that, on the
basis of the alleged facts described by Mr. Lemus Alvarado so far it does not result that
they are in direct relation to the reasons why the provisional measures in favor of Mr.
Lemus Alvarado and his relatives were granted. Due to the above, the Court estimates
that on the basis of the information provided by the representatives, in view of the
specific request by the Secretariat (supra Having Seen clause 9), there has been no
case of extreme gravity or urgency representing an imminent risk at present;
therefore, the representatives and the Commission are once again required to provide
clear and accurate information evidencing the extreme gravity and urgency
representing an imminent risk and that it is directly related to the facts giving rise to
granting the measures, in order to evaluate the pertinence of maintaining the
measures in favor of such beneficiary and each one of his relatives. Likewise, the State
is required to provide detailed information about the facts supposedly alleged by the
beneficiary and the observations deemed pertinent.
*
*
*
28.
That due to the lack of information regarding the present situation of extreme
gravity and urgency, the Tribunal considers it pertinent to maintain the provisional
measures for an additional period of at least six months, in favor of Helen Mack Chang;
each one of the relatives of Mrs. Mack Chang, i.e.: Zolia Esperanza Chang Lau, Marco
Antonio Mack Chang, Freddy Mack Chang, Vivian Mack Chang, Ronald Chang Apuy,
Lucrecia Hernández Mack and her children, as well as the other members of the
Foundation. Likewise, regarding beneficiaries Luis Roberto Romero Rivera, Jorge
Guillermo Lemus Alvarado and his relatives.
29.
That the State as well as the beneficiaries of such measures and/or their
representatives and the Commission have the duty to submit reports and observations
related to compliance with the provisional measures; therefore, such parties must
present the information in a clear, complete and specific manner for the Tribunal to
have the necessary elements to assess the present status of the provisional measures.