6
of a case and the application of presumptions due to the need for protection have, on
different occasions, led this President and the Court to order measures.3
9.
That this Court deems it necessary to protect Mr. Ricardo Alberto Iglesias Herrera
with provisional protective measures. This will keep Mr. Ricardo Alberto Iglesias Herrera
safe and free from any kind of coercion or threat after having given his expert opinion by
means of affidavit and presented before this Court on January 12, 2007 (Having Seen 11).
10.
That, taking into account the representatives’ statements, inter alia, in their brief of
November 29, 2006 regarding their concern for the safety of the people offered as experts
and witnesses in the present case, and that in the Order of December 14, 2006 David
Ernesto Morales Cruz, Alina Isabel Arce, María Julia Hernández and Mauricio José Ramón
Gaborit Pino were ordered to testify as witnesses and expert witnesses, as the case may be,
through affidavits, which were submitted on January 12, 2007 (Having Seen 9), this Court
requests the representatives to report to it, within fifteen days as of the notification of the
present Order, specifically and in detail regarding the need to order provisional measures in
their favor.
11.
That with regard to Pedro José Cruz Rodríguez, who stated that he resides in
Guatemala (Having Seen 11), the Court requests the representatives to report to it, within
fifteen days as of the notification of the present Order, regarding his current situation.
12.
That the State should make all the pertinent arrangements to ensure that the
protective measures called for in the present Order are planned and implemented with the
participation of the beneficiaries of the measures, or with their representatives, to ensure
that the measures are provided in a diligent and effective manner.
13.
That the Court considers it necessary for El Salvador, in its next report to the Court,
pursuant to the present Order, refer to the measures it is adopting to protect the life and
personal integrity of all the beneficiaries of the present measures, that is, 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, José
Roberto Burgos Viale, and Ricardo Alberto Iglesias Herrera.
14.
That the State is under the obligation to investigate the facts that gave rise to these
urgent measures, to identify the responsible parties, and, if need be, to impose the
pertinent sanctions.
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
pursuant to the authority conferred upon it under Article 63(2) of the American Convention
on Human Rights and Article 25 of its Rules of Procedure,
Cfr. Matter of the persons imprisoned in the "Dr. Sebastião Martins Silveira" Penitentiary in Araraquara,
São Paulo. Provisional Measures, supra note 2, twentieth considering clause; Matter of Gloria Giralt de García
Prieto et al. Provisional Measures, supra note 2, tenth considering clause; and Matter of Millacura Llaipén et al.
Provisional Measures. Order of the Inter-American Court of Human Rights of July 6, 2006, ninth considering
clause.
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