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before the Commission, they were victims of several threats and attacks. On
June 20, 1997, the Commission requested the State to adopt provisional
measures in favor of “[José] Mauricio García-Prieto-Hirlemann, Gloria Giralt
de García-Prieto, and Carmen [Estrada] de García-Prieto, as well as in favor
of the lawyers and witnesses related to the investigation and trial of the
persons liable for the death of Ramón Mauricio García-Prieto-Giralt.” The
measures ordered included the investigation into the origin of the threats and
the punishment of the persons liable therefor;
b)
On November 20, 2001, the Commission addressed the State and
reiterated the need to issue provisional measures “in order to protect the life
and the physical integrity of [José] Mauricio García-Prieto-Hirlemann, Gloria
Giralt de García-Prieto and their legal counselors from IDHUCA.” The
Commission stated that, despite the issuance of said provisional measures,
the beneficiaries had continued receiving threats and attacks that endangered
their lives and personal integrity. Although the State has given protection to
said persons, said protection is very limited and it has been granted without
conducting an effective investigation that would have allowed for the
identification of the perpetrators of said acts;
c)
on March 5, 2004, during the 119th Session, the Commission held a
meeting to analyze the merits of the case, as well as any issues related to the
provisional measures. During said meeting, the petitioners stated that the
provisional measures ordered had not been complied with. On the other hand,
the State expressed that it had protected the physical and psychological
integrity of the García-Prieto-Giralt family and that of the lawyers
participating in the case. As regards the lawyers, the State pointed out that
they had been assigned a security service, which had been implemented
pursuant to the conditions requested by the beneficiaries, in compliance with
the provisional measures;
d)
on March 18, 2004, the State requested that the provisional measures
be lifted since on October 7, 1999 Carmen Estrada de García-Prieto, widow of
Ramón Mauricio García-Prieto-Giralt, due to personal reasons, decided to
reject the protection services she had been assigned, and stated that she
assumed the risks involved in her decision;
e)
on April 7, 2004, the petitioners informed that their lives and personal
integrity were still at risk, and they also stated their disagreement with the
way the National Civil Police was giving protection to the García-Prieto-Giralt
family and two counselors from IDHUCA. Thus, they stated their willigness to
“waive the provisional measures as regards to the protection granted by the
National Civil Police, unless the decision-taking mechanisms on said
protection service and its implementation were materially changed;
f)
however, the Commission stated that the provisional measures
remained in force and operative due to the permanent threats received by the
next of kin of Ramón Mauricio García-Prieto-Giralt and their lawyers, and José
Benjamín Cuéllar-Martínez and María de los Ángeles García-Prieto-Giralt de
Charur had special police protection;
g)
on February 9, 2006, the Commission received from the beneficiaries
updated information on the implementation of the provisional measures in
connection with the protection granted to José Benjamín Cuéllar-Martínez and
María de los Ángeles García-Prieto de Charur and on new intimidating events
occurred as of January 2005, and therefore, they requested the Commission
to urge the State “to adopt the measures necessary to guarantee the life and
personal integrity of the beneficiaries of the provisional measures, which
should be duly agreed with the beneficiaries and their representatives.” On