3
February 24, 2006, the State pointed out that the new request “seemed
peculiar and strange,” but it had requested a detailed report on the situation
of the García-Prieto-Giralt family. The State expressed that the services of
personal protection were rendered by the National Civil Police, pursuant to the
Political Constitution and its local regulations, and therefore the State pointed
out that it would be difficult “for the State to grant protection and security by
means of private agents or persons who are not specifically trained to provide
such protection.” The State further referred to the need to make an risk level
assessment and to analyze the different actions to be implemented in the
instant case, pursuant to the Instructions of the División de Protección de
Personas Importantes (Division for the Protection of Very Important People)
in connection with the allocation of Security Services, issued in 2002.”
h)
on May 25, 2006, the beneficiaries referred to the “negligent and
careless conduct of governmental bodies and informed on the permanent
anonymous calls and threats” received. Said information was provided to the
State, and on July 5, 2006, the latter stated that the provisional measures
“are limited by our legislation.” Besides, the State expressed that from year
1997 to year 2004, the State “granted and maintained provisional measures
in favor of [the beneficiaries,] and to such end significant economic and
human resources were invested.” Furthermore, it stated that afterwards,
some next of kin and legal counselors waived the measures owing to the way
the protection was provided, “and those related to Mr. [José] Benjamín
Cuéllar-[Martínez] and Mrs. María de los Ángeles García-Prieto [de Charur]
were still effective at that time,” and
i)
on July 26, 2006, the Commission requested the beneficiaries to
explain in detail the kind of protection the State was giving to José Benjamín
Cuéllar-Martínez and to María de los Ángeles García-Prieto; to point out if
there were other persons, beside those referred above, who need protection,
and if such was the case, to specify what kind of protection they were
requesting and why, and to describe in chronological order, the threats
received since February 2006. On August 15, 2006, the beneficiaries stated
that:
i)
José Benjamín Cuéllar-Martínez has been assigned a police
escort, who is a member of the División de Víctimas y Testigos de la
Policía Nacional Civil (National Civil Police Division of Victims and
Witnesses) who escorts him from Monday through Friday, from 8.00
a.m. to 5.00 p.m.. However, on August 14, 2006, he was informed
that the División de Víctimas y Testigos de la Policía Nacional Civil
(National Civil Police Division of Victims and Witnesses) had decided to
replace the agent assigned with “other agent similarly trained.” Mr.
Cuéllar-Martínez expressed his opposition to such substitution;
ii)
María de los Ángeles García-Prieto de Charur has been assigned
two police escorts belonging to the same Division -, with revolving
shifts of one week each. In both cases, the National Civil Police has
provided each security agent with a short gun and cartridges but they
have not been given cell phones, communication radios or other tools
that could allow them to perform their tasks more efficiently, and
iii)
owing to the ongoing threats and intimidating acts suffered by
the spouses García-Prieto-Giralt, the director of the IDHUCA and other
members of said institution, it is indispensable to grant José Mauricio
García-Prieto and Gloria Giralt de García-Prieto an efficient personal
protection to guarantee their life and personal integrity.