3
hearing held on January 28, 2010, the Court will refer to the following aspects in
relation to the implementation of the provisional measures in the present matter.
6.
That regarding the facts denounced during the months of October, November,
and December of 2009 against Mr. Adrián Meléndez Quijano and Ms. Gloria de
Meléndez and Jacqueline Mejía de Meléndez (infra Considering 9), the State signaled
that it adopted immediate measures, such as: assigning a police agent for the
security of Mr. Adrián Meléndez Quijano, providing a police phone number to provide
emergency protection, and carrying out police patrol activities in the zones of their
residences and work-places of their next of kin, who are also beneficiaries of these
measures. Also, the State pointed out that the “Prosecutor General’s Office of El
Salvador gave a report about two case files of investigations open in relation with the
new facts that occurred in the months of October, November, and December of
2009, as well as the designation of a specific official for each case file and the
formulation of the corresponding government directions[; n]evertheless, [the
Prosecutor General’s Office] did not bring forward the information regarding the
results [of the investigations].” At the same time, the State “recognize[ed] that there
were deficiencies in the investigation of the facts that had given place to the present
measures in conformity with the information that […] was presented by the
Prosecutor General’s Office of the Republic and [reiterated that it was] ope[n] to any
requirement [of] the Court.”
7.
That regarding the implementation of the measures, the State informed that
during the meeting held with the representatives on November 27, 2009, they
agreed, inter alia, to the following measures of protection that will be implemented
beginning February 2010: a) to provide female security personnel with the suitable
communication team; b) the Meléndez Quijano family will participate in the selection
of the security personnel, as well as in the definition of the plan of security
measures, and c) in the case that changes exist in the measures of security, the
family will be previously informed by the Ministry of Foreign Relations, and this
changes will only be effective with the approval of the family. Also, the State
signaled that it will carry out a meeting with high-ranking Ministry officials, with the
goal of resolving the problems brought forward by the beneficiaries.
8.
That respecting that manifested by the representatives in the public hearing
about the payment of logistic expenses of the measures (infra Considering 10), the
State indicated that it recognizes that “it is not the responsibility of the Meléndez
Quijano family to cover the costs derived from the security, hence, the State at no
time justifies that it must be done in this manner.” Therefore, the State promised to
take measures to settle the situation in a short time and will try to make the
necessary corrections.
9.
That for its part, the representatives informed, inter alia, that in the months
of October and November of 2009, supposed acts of threat took place against
different beneficiaries, among those: a) threats by phone calls to Ms. Gloria de
Meléndez; b) threats by email to Mr. Adrián Meléndez Quijano; c) the extraction of
various articles from the house of Mr. Eurípides Manuel Meléndez Quijano by two
individuals that were seen by neighbors on the roof and entering the house in a
violent manner; d) a seizure of Mr. Adrián Meléndez Quijano by two individuals
carrying firearms, who demanded Mr. Adrián Meléndez Quijano to give them his gun,
they registered him and took his identification documents, as well as verbally
threatening him, and e) a man carrying a firearm, a communication radio, and
headphones that observed Mr. Adrián Meléndez Quijano while picking up his wife