13.
The petitioners pointed out that the harassment of Mrs. Villaseñor due to the functions she
performed as a judge constituted a serious threat to her personal integrity. They said that some of those
threats had been made by State agents, making the State directly responsible for them. The acts denounced
included the theft of her belongings by an unknown man while she was driving, attempts by unidentified
persons to break into her vehicle and home, verbal death threats outside her home, an attempt to kidnap her
daughter, and death threats over the phone.
14.
The petitioners added that, after they had told the authorities about the aforementioned
threats, the State delayed before adopting security measures to protect Mrs. Villaseñor. They acknowledged
that the State provided policemen to protect Mrs. Villaseñor and her family. They pointed out that,
nonetheless, there had been several shortcomings in the provision of that protection in practice. The
petitioners singled out irregularities in the way the officers were rotated as well as the lack of financial
resources to pay for their meals and/or transportation.
15.
The petitioners said that the right to personal liberty of Mrs. Villaseñor and her family had
been violated by the State's withdrawal of security measures for them in 2013. They said that the State had
taken that decision after the IACHR had suspended precautionary measures. The petitioners claimed that the
State had not conducted an assessment of the risk to which the alleged victim was exposed, so that she did
not know on what grounds they had withdrawn protection measures.
16.
The petitioners argued that all the threats and attacks against Mrs. Villaseñor applied also to
her family, thereby violating the right to protection of the family. With respect to the incident that had
occurred in 2007 (see below, paragraph 80), they pointed out that the State had violated her right to have her
honor respected and her dignity recognized by not investigating the facts.
17.
The petitioners further claimed that in March 2004 a local newspaper had published that
Mrs. Villaseñor had been declared ineligible by the International Commission against Impunity in Guatemala
in connection with her possible candidacy to a position as judge of the Supreme Court of Justice She
maintained that there was no documentary evidence to support that claim. The petitioners added that in
August 2005 another local newspaper had published a note stating, without any basis whatsoever, that Mrs.
Villaseñor had received money "to favor General Efraín Ríos Montt”, by allowing him an alternative to
detention. She maintained that those acts insulted her honor and dignity.
18.
The petitioners also argued that the State violated Mrs. Villaseñor's and her family's rights to
judicial guarantees and judicial protection. They indicated that the remedies offered were neither adequate
nor effective for guaranteeing real protection for the alleged victims. They maintained that no steps were
taken to identify those responsible for the various acts of violence and threats against the alleged victim and
the members of her family. They added that none of the complaints lodged got beyond the initial stage, so that
no progress has been made with shedding light on the facts or punishing those responsible.
19.
In addition, they maintained that in 2013 Mrs. Villaseñor was improperly dismissed from her
position as Supervisor General of Courts (Supervisora General de Tribunales). According to the petitioners,
Mrs. Villaseñor was notified of that dismissal without a hearing and without her being able to challenge that
decision. They added that she had no adequate and effective remedy to question her dismissal. In respect of
this last fact, the petitioners alleged violation of the right to work and to just, equitable and satisfactory
conditions of work set forth in Articles 6 and 7 of the Additional Protocol to the American Convention on
Human Rights in the Area of Economic, Social and Cultural Rights - "Protocol of San Salvador".
B.
Position of the State
20.
The State's initial position was that the principle of equality of the parties and of their right
to defense was violated during the proceedings before the IACHR. According to the State, "although the
Commission indicates that [the] case is at the merits stage, (...) it is not known what proceedings have been
carried out." Likewise, the State maintained that the petitioners had not explained in what way the members
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