8
aggregate of political, historical, cultural or any other type of factors or
circumstances which may affect the beneficiary or place him in a situation of
vulnerability at a certain time and expose him to violations against his rights. This
situation may increase or decrease in time, depending on innumerous variables but,
as pointed out before, only extreme and urgent situations shall deserve protection
through provisional measures.
22.
That the Court considers that provisional measures have an exceptional
character, they are ordered in accordance with the protection needs 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.
23.
That regarding Mr. Jorge Guillermo Lemus-Alvarado and his next of kin, in
what was pointed out in Considering Clauses 24 to 27 of the Order of January 26,
2009, the Court observes that the alleged threats the beneficiary has been a victim
of were, among other, the denial to grant him a loan and the cancellation of a seeds
Order he had requested. The Court notes that the relation between those actions and
his participation in the case of Mack-Chang was not proven and from then on he
presented two complaints to which neither the Commission nor the representatives
made reference in their briefs. Furthermore, from the information forwarded by the
State and the representatives in their briefs, as well as at the private hearing, this
Court notices that the State pointed out that even though the activity the beneficiary
develops implies a certain risk against him and his next of kin, such a situation does
not have any relation with the facts which gave rise to the granting of provisional
measures, which was not contested by the representatives.
24.
That consequently, the Court considers it reasonable to presume that the
situation of extreme gravity and urgency and imminent risk which motivated the
adoption of provisional measures to protect the life and physical integrity of Mr.
Jorge Guillermo Lemus-Alvarado and his next of kin in relation with the case of
Mack-Chang no longer exists. Therefore, the Court deems that the situation
regarding the beneficiary and his next of kin is no longer framed within the
requirements pointed out in Article 63(2) of the Convention and considers it
pertinent to withdraw the above mentioned measures, as from what has been stated
by the representatives and by the State it can not be concluded that the alleged
situation with regard to Mr. Lemus-Alvarado and his next of kin has any relation with
the facts which gave rise to the adoption of the provisional measures in his favor.
With regard to Luis Roberto Romero-Rivera
25.
That regarding Mr. Luis Roberto Romero-Rivera, the State informed that since
September 4, 2002, he receives permanent personal protection through two police
agents. However, it stated that it has not received any information on complaints of
threats against him and that Mr. Romero-Rivera at present works as legal advisor for
the Human Rights Ombudsman. The State further informed that it has implemented
security mechanisms for Mr. Luis Roberto Romero- Rivera, which were adopted by
virtue of the protection fundamental rights deserve, as they seek to avoid
irreparable damage to persons. Furthermore, the State requested the Court to
withdraw the provisional measures in favor of Mr. Luis Roberto Romero-Rivera, in
accordance with the risk assessment performed and in view of the non-existence of