7
Esperanza Chang-Lau, Marco Antonio Mack-Chang, Freddy Mack-Chang, Vivian
Mack-Chang, Ronald Chang-Apuy, Lucrecia Hernández-Mack and her children, as well
as the other members of the Foundation.
*
*
*
With regard to Jorge Guillermo Lemus-Alvarado and his next of kin
17.
That as to Jorge Guillermo Lemus-Alvarado, the State, in its brief of August 26,
2009, informed that on July 17, 2009, it held a meeting with he beneficiary through
the División de Protección de Personas y Seguridad [Persons Protection and Security
Division] in which he expressed that due to his work related activities,12 he had been
threatened and intimidated. Based on the risk assessment performed, the División de
Protección de Personas y Seguridad [Persons Protection and Security Division]
concluded that “there is danger latent risk […] regarding Mr. José Guillermo LemusAlvarado and his next of kin by virtue of the activity he performs.” The State further
informed that the beneficiary submitted before the Ministerio Público [Office of the
Public Prosecutor] complaints dated October 25, 2008, January 21, February 24 and
June 14, 2009, both personally and by e-mail, which relate to his activity at work but
not to the facts which gave rise to the provisional measures within the Mack case.
18.
Finally, the State concluded that it has implemented security mechanisms for
Mr. Jorge Guillermo Lemus, which were adopted in attention to the preventive and
protective character of fundamental rights, as they seek to avoid irreparable damage
to persons. Likewise, the State requested the Court to withdraw the provisional
measures in favor of Mr. Jorge Guillermo Lemus-Alvarado, pursuant to the risk
assessment performed and in view of the non-existence of information regarding the
extreme gravity and urgency to avoid irreparable damage to the life and physical
integrity of the beneficiary. At the private hearing the State repeated that Mr. Jorge
Guillermo Lemus is a beneficiary of the protection measures since May 19, 2003 and
that his residence has been provided with perimeter protection. The State further
repeated that the risk situation of the beneficiary relates to his activity at work but not
to the facts which gave rise to the provisional measures in the instant case.
19.
That regarding Mr. Jorge Guillermo Lemus-Alvarado, the representatives
coincided in that it has not been possible to ascertain whether the facts denounced by
Mr. Lemus-Alvarado have any relation with his participation as a witness in the case of
Mack-Chang. At the private hearing, the representatives indicated that they had the
same position they had in the brief of observations dated April 20, 2009 and they
added that the threats derive from his personal activity and that he had admitted so.
20.
That with regard to the situation of Mr. Jorge Guillermo Lemus-Alvarado and
his next of kin, the Commission referred to what the State and the representatives
had pointed out, but it made no reference to the maintenance or the withdrawal of
the measures in his favor.
21.
That in Order to determine whether the situation of extreme gravity and
urgency to avoid irreparable damage exists or persists, the Court may appraise the
12
From the appendixes to the brief dated August 26,2009 submitted by the State it arises that the
beneficiary at present works as editor of “Laberinto” comic book and “Y QUE” magazine.