9
persons are met, provisional measures are an effective judicial guarantee with
preventive nature.4
8.
That the States must give effective and adequate guarantees to human rights
defenders so that they may perform their tasks freely, and that it is convenient to
especially monitor actions that may restrict or obstruct their actions since said
actions are a positive contribution and supplement the efforts made by the State in
its capacity of guarantor of the rights of the persons under its jurisdiction. 5
9.
That on June 20, 1997, the Inter-American Commission issued provisional
measures by means of which it requested the State to adopt the measures necessary
to protect the life and personal integrity of the next of kin of Ramón Mauricio GarcíaPrieto-Giralt and their legal counselors; some of said measures are now effective for
some of the beneficiaries (supra Having Seen clause No. 3(1)).
10.
That pursuant to the information provided by the Inter-American Commission,
despite the protective measures adopted by the State in accordance with the
provisional measures ordered by the Commission, the next of kin of Ramón Mauricio
García-Prieto-Giralt and their legal counselors “[o]n an ongoing basis and during
several years, […] have received very serious threats,” and therefore, the measures
adopted by the State “have clearly showed […] to be insufficient to suppress the risk
of irreparable damage” (supra Having Seen clauses No. 3, 4 and 5). The situation
described by the Commission reveals, prima facie, the existence of a situation of
extreme seriousness and urgency, where it is necessary to avoid irreparable damage
to the rights to life and personal integrity of Gloria Giralt de García-Prieto, José
Mauricio García-Prieto-Hirlemann, María de los Ángeles García-Prieto de Charur, José
Benjamín Cuéllar-Martínez, Matilde Guadalupe Hernández de Espinoza and José
Roberto Burgos-Viale. The prima facie assessment standard in a case and the
application of presumptions in view of the need for protection made the Court order
provisional measures in several cases.6
11.
That this Court deems the protection of Gloria Giralt de García-Prieto, José
Mauricio García-Prieto-Hirlemann, María de los Ángeles García-Prieto de Charur, José
Benjamín Cuéllar-Martínez, Matilde Guadalupe Hernández de Espinoza and José
Roberto Burgos-Viale is necessary through provisional measures, in the light of the
provisions of the American Convention. Consequently, the State must grant the
protection measures necessary to guarantee them their lives and personal integrity.
Among such measures, the following are included: the granting of a permanent
escort at the domicile of each one of the beneficiaries, as well as in the premises of
the Instituto de Derechos Humanos de la Universidad Centroamericana (Human
4
Cf. Matter of Millacura Llaipén et al. supra note 1, Considering clause No. 5; Matter of Mery
Naranjo et al. Provisional Measures, supra note 1, Considering clause No. 4; Case of 19 Tradesmen.
Provisional Measures. Order of the Inter-American Court of Human Rights of July 4, 2006, Considering
clause No. 6.
5
Cf. Matter of Monagas Judicial Confinement Center ("La Pica"). Provisional Measures. Order of the
Inter-American Court of Human Rights of February 9, 2006, Considering clause No. 14; Matter of Mery
Naranjo et al. Provisional Measures, supra note 1, Considering clause No. 8; and Matter of the Forensic
Anthropology Foundation. Provisional Measures. Order of the Inter-American Court of Human Rights of
April 21, 2006, Considering clause No. 9.
Cf. Matter of Millacura Llaipén et al. Provisional Measures, supra note 1, Considering clause No. 9;
Case of 19 Tradesmen. Provisional Measures, supra note 4, Considering clause No. 13; and Matter of the
Forensic Anthropology Foundation. Provisional Measures, supra note 5, Considering clause No. 10.
6