6
a)
Regarding point a), the State reported that the proposal of protective
measures for the beneficiaries consisted in services provided by the Human
Rights Protection Program for the Ministry of Justice and the Interior, the
Protection and Assistance to Victims and Witnesses Program in the Attorney
General’s Office, and other efforts on the part of the National Police.
b)
Regarding point b), the State provided information as to its various offers
of protection to the CCJ as well as the steps it has taken to open the lines of
communication between itself and the beneficiaries so that they might better
voice their requests. In this sense, the State again emphasized its commitment
to guaranteeing the lives and personal safety of the beneficiaries and its
willingness to employ a broad array of means and capabilities to carry out that
objective.
11.
The brief of the Inter-American Commission of December 4, 2009 in response to
the Secretariat’s communication of November 23, 2009 in which it indicated that in the
context of securing precautionary measures the State and the potential beneficiaries
debated “what would be the most appropriate security measures to adopt in a situation
like the one described in the request for provisional measures. The State offered
personal protection plans from the relevant security entities, while the potential
beneficiaries responded with a series of arguments that essentially took issue with the
inefficacy of taking such measures in light of the continuing remarks of the President of
the Republic and other senior state officials,” as well as the general lack of access to
information detailing the intelligence operations undertaken either by the State or at its
encouragement. Any protective measure must be based on the “circumstances, needs,
and preferences of the beneficiaries.” The Commission added that in order for a
protective mechanism to achieve the desired effect, the State retains the obligation to
take steps necessary to identify and eradicate the source of the risk, especially
considering the lack of confidence that the CCJ members have shown as to the State’s
ability to protect them. The Commission argued that, were they to be granted, the
pending provisional measures must include an unequivocal call that the State desist
from engaging in any act that could endanger the beneficiaries, including the immediate
cessation of all intelligence activities concerning them, and that it provide access to the
information that has been collected and revealed by way of these activities.
Additionally, the Commission opined that the measures in question should permit certain
flexibility so that the parties may define for themselves the particulars of
implementation.
12.
The communication of the Secretariat of December 17, 2009 whereby it informed
the Inter-American Commission and the State that they had until January 20, 2010 in
order to present their relevant observations on the briefs each other had submitted.
13.
The Commission’s brief of January 20, 2010 whereby it reiterated its remarks of
December 4, 2009 and indicated that the situations previously described (supra Having
seen 2, 3) had placed the potential beneficiaries in a position of great risk and
vulnerability, providing sufficient elements to show prima facie that the principle
objective continued to be the immediate eradication of the source of the risk.
14.
The State’s brief of January 20, 2010 whereby it indicated that in the
Commission’s brief the key points of the request are not clarified and do not fulfill the
necessary procedural requirements for the adoption of provisional measures. The InterAmerican Commission bases its arguments on events that occurred in the past and does