b) The acts of harassment to which Mr. Galdámez and his relatives have been
subjected, presumably in retaliation for his work as a journalist and for his
critical editorial stance toward the current government, are of the utmost
gravity. During the period in which the precautionary measures grant by the
Commission were in force, and despite them, the possible beneficiary and his
family have continued to be subjected to harassment and threats that were
acted on in September 2010, when some of the possible beneficiaries were
subjected to an attack with firearms. The threats and harassment have increased
in recent months. Likewise, the situation is one of the utmost gravity given that:
i) the context is one of intimidation, threats, and surveillance against journalists
critical of the government following the coup d’état in Honduras; ii) various acts
of harassment and threats described by the representatives demonstrate that
the perpetrators have knowledge of Mr. Galdámez’ place of residence and work;
they also indicate that his activities and the movements of his children are being
followed and monitored; iii) the attack with a firearm suffered by Mr. Galdámez
and his son indicates the grave threat against "his life, personal integrity, and
freedom of expression, not only because of the attack itself[,...] but also because
of the intimidating message that has continually been expressed,” and iv) there
is a lack of information on whether the facts that gave rise to the precautionary
measures have been cleared up.
c) the nature of the rights threatened - that is, life and personal integrity for all the
alleged beneficiaries and the freedom of expression of Galdámez, as well as his
ability to continue working in journalism and information - constitute extreme
irreparability of the consequences that the request for provisional measures
seeks to prevent.
d) The facts presented suggest that the risk of damage to the detriment of the
proposed beneficiaries is imminent. The State has not taken the necessary
measures to protect the life and personal integrity of Mr. Galdámez and his
family, nor to protect the journalist’s freedom of expression. The State has been
aware of the facts giving rise to the broadening of precautionary measures to the
benefit of Mr. Galdámez since at least the month of July 2009. The incidents of
threats and harassment have been communicated to the State and at least one
of them has been denounced before the Office of the Attorney General” (supra
Having Seen 2(f)(ii)). Nevertheless, there is no indication of any case in which
State authorities have taken steps towards clearing up the facts denounced. This
could lead to the repetition and worsening of the threats. The continuous nature
of the threats allows for the presumption that the precautionary measures
ordered by the Commission have not taken effect even though the State
reported that it had reached an agreement with the beneficiary of those
measures on the system for protection. It appears that the risk factors that gave
rise to the precautionary measures have not been neutralized. This presumably
generates a worsening of the situation of risk faced by the proposed
beneficiaries.
4.
The Inter-American Commission's request, based on Article 63(2) of the
American Convention and Article 27 of the Rules of Procedure, asks the Court to require
the State to carry out the following:
a) Implement provisional measures to the benefit of Mr. Galdámez, his companion,
and children with the purpose of protecting their lives, personal integrity, and
freedom of expression;