6
Foundation for an additional term of six months. It also made reference to the
manner in which said measures were implemented.
12.
That in its observations, the representatives pointed out that, with regard to
the adoption of measures in favor of Helen Mack and her next of kin, among which
Ronald Chang-Apuy is included, and also of the other members of the Myrna Mack
Foundation, on March 12, 2009, there was a meeting 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 Ministerio de Gobernación [Ministry of
Internal Affairs and Security], in Order to assess the existing risk with regard to the
beneficiaries of the provisional measures. On the matter, they repeated what the
State had indicated regarding the risk situation derived from the work developed by
Mrs. Helen Mack. Consequently, they requested the Court to maintain the provisional
measures in favor of Mrs. Helen Mack, her next of kin and the personnel of the
Myrna Mack Foundation in the manner agreed upon with the State.
13.
That the Inter-American Commission, through briefs of May 12 and
September 9, 2009, pointed out that “the information given by the beneficiaries and
the lack of advances in matters of […] punishment to the responsible for these facts,
motivate the permanence of these provisional measures.”
*
*
*
14.
That the Court considers it convenient to repeat that provisional measures
have an exceptional character, they are ordered in accordance with the need of
protection and, once they are Ordered, they must be maintained provided the Court
considers that the basic requirements of extreme gravity and urgency and the
prevention of irreparable damage to the rights of the persons they protect still
persist.11
15.
That with regard to Mrs. Helen Mack, her next of kin and the members of the
Myrna Mack Foundation, the Court notices, from the information provided by the
parties, that the provisional measures have been complied with in the manner
agreed upon by means of the agreement signed on March 12, 2009 (supra
Considering 9). Furthermore, the Court takes cognizance that the State, in
coordination with the representatives, performed risk assessments upon the
beneficiaries of the provisional measures, assessments which determined the risk
level regarding the safety of the above mentioned persons and of the members of
the Foundation.
16.
That based on the information and the observations submitted by the parties
regarding the present status of the situation of extreme gravity and urgency, the
Court considers it pertinent to keep the provisional measures in force in favor of
Helen Mack-Chang; of each one of the next of kin of Mrs. Mack-Chang, to wit: Zolia
11
Cf. Case of the Constitutional Court. Provisional Measures regarding Peru. Order of the Court of
March 14, 2001, Considering clause 3; Matter of Carlos Nieto-Palma et al. Provisional Measures regarding
Venezuela. Order of the Court of January 26, 2009, Considering clause 20, and Matter of Pueblo Indigena
Kankaumo, supra note 2, fourth considering clause.