f)
Regarding the beneficiaries Rodrigo Carpio Fischer and Rodrigo Carpio
Arrivillaga, the State indicated that “no type of security is being provided, because
they do not reside in Guatemala. The State [would] coordinate the necessary
security while they are in Guatemala, provided the beneficiaries give them sufficient
notice.”
8.
Originally, the State indicated that "actions, such as assigning unofficial agents,
private individuals who are not members of the State’s security agencies, to the security
systems reduced the guarantee that the system was adequate.” It indicated that it “is
unable to increase the permitted expense by hiring agents who are not members of its
official agencies, as it already has resources to implement the security measures.”
Nevertheless, in July 2012, the State advised that it had “decided, after a series of
procedures, to hire as State employees the agents who, until then, had been working as
private security agents paid by the State.” In addition, it reiterated that “the collaboration of
Abraham Mendez was required in order to reach consensus on the mechanisms to
implement for his security.”
9.
In observations made before ceasing to represent the beneficiaries, CEJIL indicated
that the beneficiaries had stated that they “were concerned with regard to their safety since
the reopening of the investigations in 2009, because this is a high profile case, owing both
to the significance of Mr. Carpio Nicolle in Guatemala, and also to the people who are
allegedly involved in the facts of the case.” The beneficiaries also indicated that “the fact
that the beneficiary, Jorge Carpio, has the same name as his father is an additional risk
factor.”
10.
CEJIL argued that the State had “never analyzed an appropriate definition of the
specific, adequate, and sufficient means and measures of protection to avoid the risk.”
11.
CEJIL indicated that Karen Fischer had “stated that five agents [were] indeed
assigned for her personal safety.” The beneficiary recalled that “it has not been possible to
fill the vacancies in her security system because the profiles of the security agents proposed
by the Ministry of Interior in February 2011 were not satisfactory.” She reiterated that she
“d[id] not consider it appropriate for the security measures to be implemented by members
of the National Police because the agents assigned to her several years ago had criminal
records.”
12.
On July 6, 2012, Karen Fischer advised that, on May 21, 2012, she had informed the
Ministry of the Interior that “the former Minister of the Interior had only signed the
contracts of [her] security agents and that of [her] daughter, Daniela Carpio Fischer, for
three months: January, February, and March,” and she indicated that “the agents [were]
working for free as of April.” She stated that “[she] and Daniela communicate[d] daily with
the Minister of the Interior’s office without obtaining a response.” In addition, on July 6,
2012, she again advised about the situation of “non-payment of [her] security agents,” who
had not received a salary since April. In communications of August, September and October
2012, Mrs. Fischer reiterated these problems regarding the implementation of the security
measures.
13.
The Commission reiterated that “the information submitted by the State does not
allow it to be inferred that the provisional measures granted are being implemented
effectively, because the information provided omits the concerns described by the
representatives of the beneficiaries in briefs presented since 2009.” It indicated its
“concern” that, for six years, the protection in favor of Mr. Mendez had not been
implemented and the alleged threats and harassment against him had not been
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