over the last year and, of these, two occurred in the first eight months of 2013. The
methods used in these 21 incidents have different characteristics, with the exception of four
consisting in “shadowing,” three in taking photographs, and two in text message sent by
mobile telephone. This means that, according to the information available, the said actions
are not uniform or systematic. The Court also notes the State’s explanations about four of
them (supra considering paragraph 12), to the effect that they were not incidents that
reveal a risk, as well as the State’s assertions about the alleged “surveillance” of Mr.
Meléndez Quijano (supra considering paragraph 12). Furthermore, it should also be stressed
that two of the 21 incidents, those corresponding to September 8, 2011, and December 21,
2012, refer to direct written threats to Mr. Meléndez Quijano and his daughters. Other
incidents described were related to the same persons, as well as to Gloria Tránsito Quijano,
widow of Meléndez, Mr. Meléndez Quijano’s mother, and to his sister, Sandra Ivette
Meléndez Quijano. Consequently, they were not directly related to the other beneficiaries. 36
25.
The foregoing reveals that: (a) considering the time that has passed since the
Court’s last Order, issued on February 2, 2010, the frequency of the incidents described by
the representation of the beneficiaries has decreased towards the end of this time and, in
the last eight months only two incidents have occurred; (b) neither these two acts, nor the
four that took place in 2012, nor most of those that occurred from February 2, 2010, to
date, have uniform or systematic characteristics, and (c) the said incidents have not
involved all the beneficiaries directly. In addition, the Court considers that the
characteristics of the incidents described by the representation of the beneficiaries does not
reveal conclusively or certainly, owing to their nature, a relationship with a risk to the
beneficiaries linked to the facts that gave rise to the measures. Despite this, it should be
clarified that this does not, per se, negate the possibility of the said linkage.
26.
Furthermore, the Court notes that even though the State formally classified Mr.
Meléndez Quijano as a “high-risk person” in 2011 (supra considering paragraphs 17 and
18), this classification was based exclusively on the fact that the provisional measures
ordered by this Court were in force, as revealed by the document in which this classification
is made. In addition, the remarks on the application of the “Special Law for the Protection of
Victims and Witnesses” should be recalled (supra considering paragraph 10).
27.
Despite all the foregoing, the Court also notes that: (a) it is possible that the
decrease in the frequency of the occurrence of incidents (supra considering paragraph 25) is
related to the implementation of measures of protection; (b) two of the incidents referred to
by the representation of the beneficiaries consist in direct written threats (supra considering
paragraph 15); (c) the Court has insufficient information on whether the inclusion of the
beneficiaries in the domestic protection mechanism (supra considering paragraphs 4, 5, 10,
21 and 22) is based on the fact that the Court’s order to adopt provisional measures is in
force, and whether this could change if the order is terminated, and (d) as indicated,
jurisdictional authorities have recently concluded that there was a “conspiracy” against Mr.
Meléndez Quijano (supra considering paragraphs 17 and 23).
28.
In light of the foregoing, the Court considers it pertinent that the State present a
detailed report in which it refers to the actual situation in comparison with the situation that
gave rise to these provisional measures, of each of the beneficiaries of these measures
ordered by the Court in favor of Adrián Meléndez Quijano and his family members, in which
36
Thus, it cannot be inferred from the information presented by the representatives of the beneficiaries that
incidents occurred related directly to Marina Elizabeth García de Meléndez, Roxana Jacqueline Mejía Torres or
Manuel Alejandro Meléndez Mejía. Nor that acts occurred that were directly related to Benjamín Cuéllar Martínez
and Henry Paul Fino Solórzano.
13