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regarding those facts has allegedly been unsuccessful.
4.
That from the reports presented by the State (supra, Having Seen paragraph
7) and the observations of the Commission and the Representatives (supra, Having
Seen paragraph 8), it can be concluded that since January 2004 there have not been
any more threats recorded against the beneficiary, or any other act that may put his
life or personal integrity in danger. That is, Mr. Gallardo Rodriguez’s situation has
remained stable for more than three years.
5.
That on June 20th and July 24th, 2006 the representatives and the Commission
were asked to “inform the Tribunal if the extreme gravity and urgency that motivated
the adoption of the present provisional measures persist, so as to avoid irreparable
damages to the beneficiary.”
6.
That through their communications of July 28th and September 22nd, 2006 the
representatives indicated that the “situation of extreme gravity and urgency persists,
because the investigation that has been opened ha[d] been unsuccessful to date, and
thus the expectation to eliminate or neutralize the risk would only be satisfied with the
finding of those responsible.”
7.
That the Commission observed on August 7, 2006 that “there have not been
threats or acts against the integrity of the beneficiary, and this has been the situation
for several years […]. However, the continued validity of the provisional measures has
not resulted in a complete and conclusive investigation with regard to the threats
against the beneficiary.”
8.
That the State has complied with its duty to inform the Tribunal periodically of
the efforts made to implement the present measures.
9.
That in the last five years the State has adopted measures to protect Mr.
Gallardo Rodríguez, among them: security detail provided by federal authorities, an
official vehicle with two agents at the beneficiary’s home, and a protection service
consisting of police patrolling and 24-hour emergency telephone numbers.
10.
That provisional measures have an exceptional nature, they are issued as a
function of the needs of protection and, once ordered, they must be maintained as
long as the Court considers that the basic requirements of extreme gravity and
urgency, as well as the prevention of irreparable damages to the rights of the people
protected by these measures continue to exist.1
11.
That a reasonable period of time has passed without Mr. Gallardo Rodríguez
being subject to threats or intimidations, and that the statements of the
representatives (supra, Having Seen paragraph 6) regarding the fact that there are still
judicial processes currently pending, do not constitute circumstances of extreme gravity
Cfr. Matter of Ramírez Hinostroza et al. Provisional Measures, Order of the Inter-American Court of
Human Rights of February 7, 2006, considering clause number seven; Matter of Lililana Ortega et al.
Provisional Measures, considering clause number eleven; and Case of Caballero Delgado and Santana.
Provisional Measures. Order of the Inter-American Court of Human Rights of July 4, 2006, considering clause
number twelve.
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