10
there was also an agent to protect the offices of COFAVIC, from Monday to Friday,
from 8 a.m. to 5 p.m.”
30.
The brief of October 3, 2003, and its attachments, in which the Commission
presented its comments on the fifth report of the State, among which, it indicated:
a)
Regarding the investigation of the facts, the State did not submit any
information on the status of the investigations into the facts that gave rise to
the provisional measures. Furthermore, the beneficiaries of the measures
continue not to have access to the file, because it is “confidential.” Also, the
Office of the Attorney General insisted on inspecting the COFAVIC computers,
a request that was agreed to, provided the inspection was carried out by
“independent international experts who enjoy[ed] the confidence of the
victims”;
b)
Regarding the measures of protection, the members of COFAVIC
continued to receive threats and harassment. Maritza Romero, Hilda (Gilda)
Páez, Aura Liscano (Lizcano), Alicia González and Carmen Alicia Mendoza
were not receiving permanent measures of protection.
The protection
measure for the COFAVIC offices was only in place from Monday to Friday,
from 9 a.m. to 11.30 a.m. and from 1.30 p.m. to 4.00 p.m., when working
hours were really from 8.00 a.m. to 6.30 p.m. Likewise, COFAVIC did not
have minimum security mechanisms to detect metals or firearms and the
protection official did not have an appropriate weapon “to guarantee the
minimum protection required.” “Given the increase in the threats […],
COFAVIC was obliged to close its offices on three occasion during July, August
and September for fear of receiving direct attacks”; and
c)
Regarding the participation of the petitioners in the planning and
implementation of the measures, on November 19, 2002, COFAVIC
communicated with the Ministry of Foreign Affairs to decide on the type of
protection they had requested. On July 10, 2003, it requested an audience
with the Ministry of the Interior and Justice. It received no reply to either
communication, so it requested that the measures of protection should be
taken with the consent of the person to be protected.
31.
The communication of the State of October 14, 2003, advising that the
State’s Agent, Jorge Duarte Contreras, “ha[d] decided to withdraw from this position
definitively.”
32.
The communication of October 30, 2003, in which the State appointed Fermín
Toro as Agent before the international human rights organizations.
CONSIDERING:
1.
That the State ratified the American Convention on August 9, 1977, and,
pursuant to Article 62 thereof, accepted the obligatory jurisdiction of the Court on
June 24, 1981.
2.
That Article 63(2) of the American Convention provides that, “[i]n cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons, the Court shall adopt such provisional measures as it deems pertinent in
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