5
8.
That the Court, in its Order of January 26, 2009, requested the State to
maintain the measures which have been adopted and to adopt all the measures
necessary to protect the right to life and physical integrity of Helen Mack-Chang and
her next of kin, Zoila Esperanza Chang-Lau (mother), Marco Antonio Mack-Chang
(brother), Freddy Mack-Chang (brother), Vivian Mack-Chang (sister), Ronald ChangApuy (cousin), Lucrecia Hernández-Mack (daughter) and her children, of the
members of the Myrna Mack-Chang Foundation, and of Luis Roberto Romero- Rivera,
Jorge Guillermo Lemus-Alvarado and his next of kin, for an additional term of at least
six months from the notice of said Order, upon the elapsing of which the Court shall
decide the pertinence of keeping them in force. Furthermore, in operative paragraph
three, the Court requested the parties to provide specific information regarding the
risk situation of each of the beneficiaries protected by these measures.
*
*
*
With regard to Helen Mack-Chang, her next of kin and other members of the
Myrna Mack- Chang Foundation.
9.
That in its reports the State pointed out that the Ministerio de Gobernación
[Ministry of Internal Affairs and Security] through the División de Protección de
Personas y Seguridad [Persons Protection and Security Division] performed risk
assessments to the beneficiaries of provisional measures, with regard to the safety of
Mrs. Helen Mack-Chang, her next of kin and members of the Myrna Mack-Chang
Foundation. The assessment concluded that “it is suggested to continue with the
protection measures with regard to Mrs. Helen Mack and [her] next of kin [as] the
risk [still persists], due to the fact that the apprehension of Colonel Juan ValenciaOsorio has not yet been effected” and “due to the work […] Helen Mack-Chang
develops regarding the [m]ilitary reconversion, her seek for justice and fight against
impunity”. The State further indicated that in accordance with the Order of January
26, 2009 and the agreement signed on March 12, 2009 between officials of the
COPREDEH (Comisión Presidencial Coordinadora de la Política del Ejecutivo en
Materia de Derechos Humanos) [Presidential Coordinating Commission of the
Executive Policy on Human Rights] and the representatives “shows their will to
comply with the implementation of provisional measures in mutual agreement with
the beneficiaries”. Finally, the State pointed out that it provides security to Mrs.
Helen Mack, her next of kin and the Myrna Mack-Chang Foundation through six
agents of the National Civil Police and that Helen Mack is provided personalized
protection.
10.
That regarding Ronald Chang-Apuy, the State, in the above mentioned
agreement signed on March 12, 2009, also assessed the risk related to his safety
and suggested to maintain the provisional measures he had been awarded. It further
informed that as a consequence of the criminal proceedings instituted to investigate
the facts he was a victim of on July 29, 2008, Aníbal Aquino-Hernández, one of the
responsible parties for the counts of attempted murder and aggravated theft, was
convicted. At present, another accused person is pending apprehension and the
public prosecutors´office is carrying out the proper proceedings so as to achieve his
soon detention.
11. That at the private hearing, the State repeated what it had previously stated
regarding the need to maintain the provisional measures in favor of Helen Mack and
her next of kin, as well as in favor or the other members of the Myrna Mack