investigated. It stated that although, in the past, Mr. Mendez had refused “protection by
State agents since he identified them with the threats he had received,” “as the State had
advised in relation to the protection for Mrs. Fischer, there appeared to be ways to respond
to the concerns of Mr. Mendez.” It added that, owing to the insecurity that Mr. Méndez and
his family had indicated in relation to the National Police on several occasions, it was very
important that the beneficiaries should have complete confidence in their security agents
and, consequently, considered it “essential that the State provide information on the
availability of protection options other than the National Police.” Also, it indicated that
Daniela Carpio Fischer had one security agent, so that “she would be unprotected when he
is not on duty.”
3.
Regarding the extreme gravity and urgency of avoiding irreparable harm to
the beneficiaries
14.
Regarding the situation of the beneficiaries of the provisional measures, among other
acts of intimidation and threats, the Court has been informed of the following:
a)
On October 16, 2009, two security agents assigned to protect Karen Fischer
were shot at as they were driving their truck in Guatemala City. A vehicle tried to
pass them on the right-hand side and an individual in this vehicle fired three shots
hitting different parts of the truck. The driver “accelerated and was able to lose the
vehicle with the attackers; however, on making a left turn, he lost control of the
truck and hit a tree.” After this incident, Mrs. Fischer advised that unidentified
individuals called her home constantly and would then hang up, which she
considered “an evident act of intimidation”;
b)
On March 1 and 2, 2010, Karen Fischer had allegedly received death threats
by telephone. On those dates, a man called her several times claiming to be the
leader of a band of paid assassins and to have received orders to kill her. He also
indicated that he had information about the places of residence of Karen Fischer’s
mother, her daughter Daniela Carpio Fischer, and her son Rodrigo Carpio Fischer.
According to CEJIL, Mrs. Fischer indicated that she had met with members of the
Presidential Commission for the Coordination of Human Rights Policy (hereinafter
“COPREDEH”), the Public Prosecutor’s Office, the National Civil Police, and the
Ombudsman’s Office and that “only the latter institution paid any attention to the
situation;
c)
Mrs. Fischer advised that, on October 2, 2012, “an official asked her for her
personal papers and those of the vehicle, then suddenly began to speak to her in
English; she then identified herself, and they told her that they would take her to the
“bodeguita” [cellar];
d)
In March 2011, Abraham Mendez had been the victim of two acts of
intimidation and threat. According to CEJIL, Mr. Mendez indicated that his wife
answered a telephone call by one of the telephones in their residence. He stated
that, upon picking up the receiver, she heard the voice of an unknown adult male
who insisted on talking to him; his wife therefore transferred the call to him. After
the beneficiary had identified himself, the man asked him several times if he was
able to provide him with the prices of coffins for five youths living in the area. Mr.
Abraham associated this with his five sons, and therefore informed the caller that he
intended to report this threat to the authorities. The call was then cut off abruptly;
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