b) “Adopt without delay all the measures necessary to guarantee the life and
personal integrity of Mr. Galdámez and his family, as well as the journalist’s
freedom of expression;”
c) “Adopt the measures necessary to provide perimeter security for the house
inhabited by Mr. Galdámez and his family;"
d) “Launch an investigation into the alleged facts motivating the request for
provisional measures as a mechanism for preventing new threats and removing
the risk factors faced by the proposed beneficiaries;"
e) “Reach an agreement with the proposed beneficiaries on the most appropriate
mechanisms for implementing the protective measures in such a way as to
ensure their effectiveness and relevance;” and
f) “Report on the measures taken under the foregoing clauses.”
5.
The December 9, 2010, note of the Secretariat through which, following the
instructions of the President of the Tribunal and based on Article 27(5) of the Rules of
Procedure, the Secretariat asked the State to submit any comments it deems pertinent
with regard to this request for provisional measures and to do so no later than
December 15, 2010. In particular, it asked the State to comment in detail on the
measures mentioned in clause 21 of the request in question (supra Having Seen 1).
6.
The brief dated December 15, 2010, and its annexes in which the State
indicated that:
a) On August 20, 2010, a meeting was held in the facilities of the Crisis Center of
the National Police in the city of Tegucigalpa with Mr. José Luis Galdámez Álvarez
and his representatives in which they agreed on precautionary protective
measures. The beneficiary agreed on vehicular or motorized escort to his work
and home and a direct telephone communication link to the police. On this, the
record indicates that the beneficiary "must use the telephone communication link
to provide his work address and/or residency and the schedule of his activities."
However, he never provided "his home address […] or the schedule of his
activities," for which reason the precautionary measure could not be
implemented "at that time;"
b) On September 24, 2010, a meeting was held by the Human Rights Unit in the
city of Tegucigalpa in order to monitor and broaden the precautionary measure
for the protection of the life and physical integrity of José Luis Galdámez Álvarez.
However, given that at this time the possible beneficiary attended that meeting
with different representation, the State “do[es] not know who, in reality, are
[his] true representatives." This "makes the police work difficult because it is not
known who should be contacted to carry out the monitoring in order to follow-up
on compliance with the precautionary measure granted." Therefore, it considered
that possible beneficiary should clear up this situation;
c) Nevertheless, in that meeting it agreed to broaden the patrols for Mr. Galdámez’
children and partner so that they would be carried out three times a day. Those
patrols "have been complied with," and "in order for their results to be effective,
a log was prepared for monitoring visits and new activities on a daily basis at