5
b.
Otoniel de la Roca Mendoza declared before a three-judge commission
of the Inter-American Court in a public hearing held on October 15, 1998 on
the merits of the case in Washington, D.C., United States of America,
“despite the pressure and threats face[d] by him and his next of kin.”
c.
As of the moment of said declaration, Mr. de la Roca Mendoza “has
been a victim of constant threats and persecution of his immediate family,”
despite the fact that they were living outside Guatemala;
d.
in April 2002 in the house of Emerita Mendoza, aunt of Otoniel de la
Roca Mendoza, they received phone calls requesting information to contact
Otoniel de la Roca Mendoza;
e.
Otoniel de la Roca Mendoza ex partner, Blanca Noelia Meléndez, in
June 2003 informed that unidentified persons were watching her house and
received a phone call telling her that his son Germán was going to be killed;
f.
Otoniel de la Roca Mendoza received phone calls in his house, outside
Guatemala, in July 2003, telling her that Jennifer Harbury was paying and
warning her that “they were going to kill all [her] family and [that] finally
[he] [was going] to be killed,”
g.
José Álvarez Mendoza, Byron Mendoza, and Galindo Álvarez Mendoza,
cousins of Otoniel de la Roca Mendoza, in 2000, 2002, and 2003,
respectively, were kidnapped, and days later their bodies were found, facts
“followin[g] the same family persecution pattern.” The last murder took
place in September 2003 in the presence of the child Wendy Álvarez
Mendoza; and
h.
on September 5, 2003, the family of Emerita Mendoza, aunt of Otoniel
de la Roca Mendoza and mother of Galindo Álvarez Mendoza, and who lives
with their granddaughter Wendy Álvarez Mendoza, received threatening
phone calls at home.
18.
The September 26, 2003 Order of the President, wherein he decided:
1.
To call upon the State to ado[pt], forthwith, any measures [as] necessary to
protect the life and personal integrity of Emerita Mendoza, Wendy Pérez Álvarez, Sulni
Madeli Pérez Álvarez, José Oswaldo Pérez Álvarez, Jacobo Álvarez, José Pioquinto
Álvarez, Alez Javier Álvarez, Germán Aníbal de la Roca Mendoza, Kevin Otoniel de la
Roca Mendoza, Blanca Noelia Meléndez, Aron Álvarez Mendoza, and other next of kin of
Otoniel de la Roca Mendoza who are permanently living in Guatemala.
2.
To call upon the State to ado[pt], forthwith, any measures [as] necessary to
guarantee that the beneficiaries of the measures cou[ld] continue living in their usual
residence and respecting their rights to life and personal integrity.
3.
To call upon the State to [let] the representatives of the victims participate in
the planning and implementation of the protection measures and, in general, ke[ep]
them informed about the progress of the provisional measures prescribed by InterAmerican Court of Human Rights.
4.
To call upon the State to investig[ate] the reported facts motivating the present
measures with the purpose of finding the responsible parties and punish them.
5.
To call upon the State to info[rm] to the Inter-American Court of Human Rights
about the measures it h[ad] adopted in compliance with the […] Order on October 10,
2003 at the latest.
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