4.
The Commission’s request that the Court order the State to do the following,
based on Article 63(2) of the American Convention and Article 27 of the Rules of
Procedure of the Court:
a) Implement provisional measures to the benefit of Mr. Galdámez, his partner, and
his children in order to protect their lives, personal integrity, and freedom of
expression;
b) “[a]dopt, without delay, all the measures necessary to guarantee the right to life
and personal integrity of Mr. Galdámez and his family, as well as the freedom of
expression of the journalist”;
c)
“[a]dopt all the measures necessary to provide Mr. Galdámez and his family with
protection around the perimeter of their residence”;
d) “[c]onduct an investigation into the alleged facts that gave rise to the request for
provisional measures as a mechanism to prevent new threats from being made
and to remove the factors of risk faced by the proposed beneficiaries”;
e) “[r]each an agreement with the proposed beneficiaries and their representatives
regarding the most appropriate mechanisms for the implementation of the
measures of protection so as to ensure their effectiveness and suitability”; and
f) “[r]eport on the measures adopted pursuant to the foregoing paragraphs.”
5.
The Secretariat’s note of December 9, 2010, whereby, following the instructions
of the President of the Court and in accordance with Article 27(5) of the Rules of
Procedure, the Secretariat asked the State to submit any comments it considered
pertinent regarding this request for provisional measures by December 15, 2010, at the
latest. In particular, it asked the State to provide a detailed statement regarding the
measures mentioned in paragraph 21 of the request (supra Having Seen 1).
6.
that:
The brief of December 15, 2010, and its appendices in which the State indicated
a) On August 20, 2010, in the facilities of the Crisis Room of the National Police of
the city of Tegucigalpa, a meeting was held with Mr. José Luís Galdámez Álvarez
and his representatives in which an agreement was reached regarding the
precautionary measures of protection. The parties agreed upon car or motorcycle
patrols at the beneficiaries' work and place of residence, as well as telephone
communication with a direct line to the Police. Records of that meeting show that
Mr. Galdámez “was to contact the police to give them his home and/or work
address and schedule.” However, he never gave the police “the address of his
house […] or his schedule,” and thus the precautionary measure was not
implemented “at that time;”
b) On 24 September 2010, a meeting was held by the Human Rights Unit in
Tegucigalpa with the purpose of monitoring and broadening the precautionary
measure protecting José Luís Galdámez Álvarez's life and personal integrity.
However, because the proposed beneficiary went to this meeting with a different
representative, the State “[does] not know who [his] real representatives are.”
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