5
series of ongoing criminal investigations and asserted that the relevant
authorities are carrying out these investigations in a serious and impartial
manner;
e)
That it has adopted various legislative and administrative measures with
the aim of guaranteeing the ultimate cessation of the alleged illegal intelligence
activities on the part of DAS members. The State also stressed that it regards
intelligence services as a legitimate and necessary activity in order to guarantee
security and domestic order in a “Social State of Laws” (in Spanish, “Estado
Social de Derecho”), and that the State must in any case engage in intelligence
activities only in accordance with strict rules and regulations that find support in
the State’s policy of strictly observing human rights protections, and
f)
Finally, concerning the State’s own offer of protective measures for the
life and physical integrity of the CCJ members, the State indicated that the
Ministry of the Justice and the Interior and the National Police, respectively,
maintained their offer of material measures of protection and preventive security
for the benefit of CCJ members, but the representatives of the CCJ had not
accepted. While the representatives have repeatedly requested the adoption of
policy or political measures and not material ones, the State regards material
measures as necessary to reduce the risk to the lives and personal safety of the
beneficiaries. The State again stressed its willingness to exhaust all efforts in
safeguarding the lives and physical integrity of the CCJ members.
8.
The State’s conclusions whereby it moved that the Court deny the request for
provisional measures. In that regard, the State indicated that: a) the request for
provisional measures lacked justification because the situation in question did not meet
the requirements established in Article 63(2) of the Convention; b) it noted an absence
of an analysis or appraisal of the information and arguments the State presented to the
Inter-American Commission in the proceedings before it, in particular with the
Commission failing to consider the fact that on September 29, 2009 the State submitted
a brief containing precise and comprehensive information negating the existence of an
urgent threat of risk vis-à-vis the non-recurrence guarantees it had adopted; c) the
legislative, criminal, disciplinary, and political measures adopted, as well as the
strengthening of existing participatory avenues for human rights defenders so that the
acts giving rise to the present petition do not recur; and d) the State questioned the
need to award provisional members in the present case, bearing in mind the negative
disposition of the CCJ members in accepting material measures of protection; these
same measures the State regards as fundamental in responding to instances of extreme
gravity and urgency, lest they end in irreparable injury.
9.
The communication of the Secretariat of November 23, 2009 whereby it
requested that the Inter-American Commission specify the protective measures it was
requesting; how these measures were different from those offered by the State; the
manner in which they were to be implemented; whether the CCJ had rejected these
measures; and, if so, the reason for such rejection. Conversely, the Secretariat
requested that the State: a) provide information on the measures it has offered or
would be willing to offer the beneficiaries and the State agency that would be
responsible for their implementation, and b) the State’s willingness to implement these
measures in cooperation with CCJ members.
10.
The State’s brief of December 3, 2009 whereby it responded to the Secretariat’s
communication of November 23, 2009 and submitted the following information: