5
14.
That with due to the information and observations presented by the parties
regarding the actual state of the situation of extreme gravity and urgency, the
Tribunal observes that the State implemented transitory measures of protection in
favor of Adrián Meléndez Quijano and his next of kin recently in the month of
December 2009. Also, the Court finds that actual elements of risk exist that make it
necessary to maintain the provisional measures in favor of Adrián Meléndez Quijano,
Marina Elizabeth García de Meléndez, Andrea Elizabeth Meléndez García, Estefani
Mercedes Meléndez García, Pamela Michelle Meléndez García, Adriana María
Meléndez García, Gloria Tránsito Quijano widow of Meléndez, Sandra Ivette Meléndez
Quijano, Roxana Jacqueline Mejía Torres, Manuel Alejandro Meléndez Mejía,
Benjamín Cuéllar Martínez and Henry Paúl Fino Solórzano.
15.
The Court observes that from the manifestations made by the parties, it is
seen that concrete agreements exist that were made between them (supra
Considering 7) for the proper implementation of the provisional measures ordered by
the Tribunal, for which the Court considers fair and good to give a rigorous following
to the execution of such promises adopted by the State and accepted by the
representatives. In this respect, this Tribunal considers it pertinent that the State
informs in a periodic, specific, and detailed manner regarding the implementation of
these agreements to the Court.
16.
That this Tribunal warns that the duty to implement the sufficient and
necessary measures for the proper protection of the beneficiaries corresponds to the
State in all its scope. These must be applied in an immediate manner as long as they
continue to be valid, for which the same must not cease or be suspended for any
reason, and the diverse, prevailing circumstances must be taken into account for
their effective implementation, which implies offering participation to the
beneficiaries or their representatives in the planning of the same.
*
*
*
17.
That through the brief of September 29, 2009, the representatives reiterated
that the beneficiary José Roberto Burgos Viale voluntarily relinquished the measures
of security implemented by the State beginning during the month of August 2007. At
the public hearing, the representatives reiterated this. On the other hand, in the brief
of November 30, 2009, as well as in the public hearing, the representatives informed
that the beneficiary Lic. Eurípides Manuel Meléndez Quijano, the brother of Mr.
Adrián Meléndez Quijano, died due to natural causes on October 14, 2009.
18.
That in this respect, the State provided that notwithstanding that Mr. Roberto
Burgos Viale relinquished the measures in his favor, the State would be open to
offering such service in favor of Mr. Burgos in case that it were requested again by
the representatives. The State reiterated its sympathy for the death of Mr. Eurípides
Manuel Meléndez Quijano.
19.
That based on the aforementioned arguments, the Court considers it
opportune to lift the provisional measures adopted in favor of Mr. José Roberto
Burgos Viale and Mr. Eurípides Manuel Meléndez Quijano.