5
f)
g)
h)
iv)
That a Special Prosecutor be assigned to the investigation in this case and that he
be able to coordinate with all the PNC agents assigned to security, so that they report
directly to him anything they have observed during their turns that might be useful to
the investigation;
The State is aware that the reported facts have still not been clarified by the criminal
prosecution body, so that it is necessary to implement an efficient coordination of the
measures of protection or develop protection schemes adapted to the needs of the
beneficiaries as soon as possible;
The commitments made within the international framework of the protection of the
human rights of the beneficiaries have been complied with insofar as possible by the
institutions legally established to this end; and
These efforts “are insufficient to avoid and/or counteract the illegal acts committed
against the Peccerelli Monterroso family and the other members of the Guatemalan
Forensic Anthropology Foundation.”
10.
The communication of the representatives of June 2, 2006, in which they
submitted comments on the State’s report of May 24, 2006 (supra Having seen
paragraph 9), and indicated, inter alia, that:
a)
b)
c)
d)
e)
f)
g)
On April 28, 2006, a document was handed to COPREDEH members with the minimum
requirements concerning the implementation of the provisional measures that had been
granted, in relation to the investigation of the case and the security of FAFG, “petitions
tending principally to improve the security and investigation aspects”;
On May 18, 2006, they had met with representatives of the Ministry of Governance,
COPREDEH, FAFG and CALDH, “a meeting during which undertakings were obtained […]
that have already been highlighted in the State’s report” (supra Having seen paragraph
9(d));
It recognized the efforts made by the State to comply with improving the security of the
petitioners;
No progress had been made on aspects relating to conducting an efficient, effective and
complete investigation, following four years of constant denunciations;
Until there is a genuine and efficient investigation into the facts that threaten the life of
the petitioners, these acts will continue, so the petitioners continue to be in imminent
danger;
The petitions handed to the State are not an attempt to hinder the work of the
authorities in charge of the investigation; rather, they are intended to make a
contribution to the satisfactory operation and strengthening of the justice mechanisms;
and
The intention is not that the petitioners should live under constant surveillance and
protection, since this would restrict their freedom of expression and movement;
consequently, it is necessary to emphasize the need for a clear investigation strategy
that permits progress to be made towards the identification of those responsible, on
whom the corresponding sanctions should be imposed.
11.
The communication of the Commission of June 5, 2006, in which it indicated,
inter alia, that:
a)
b)
c)
d)
e)
f)
It was pleased to note that, from the State’s report and the respective observations of the
beneficiaries, it can be inferred that there has been coordination and dialogue in the design and
initial implementation of additional measures;
The State’s report included a list of actions that would be adopted in the near future, but showed
that many of them have not yet been adopted;
The investigation into the facts is extremely important, because it has been the inadequacy of
the investigations that have perpetuated the threats and acts against the beneficiaries;
The State should present concrete and specific information that will allow it to be determined
whether there has been any progress in the investigation and whether this has been executed
with the required thoroughness, as well as the participation of the beneficiaries;
The initial actions adopted by the State constitute an adequate plan of action to ensure efficiency
in the investigation; and
It is pertinent to maintain the provisional measures adopted by the Court in this matter and the
commitments obtained must be monitored.
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