contemplated under Article 63(2) of the American Convention, in which the ordinary guarantees that exist in the State where they are requested are insufficient or ineffective, or the domestic authorities cannot or will not enforce them. 5 7. The fact that the representatives of the beneficiaries requested the Court to order Guatemala to adopt provisional measures protect the life and physical integrity of Mr. Luis Roberto Romero Rivera, who since 2008 has worked as Director of the Special Investigations Unit of the Office of the Human Rights Ombudsman, which is “in charge of conducting investigations into cases of forced disappearance[s] that occurred during the internal armed conflict in Guatemala” (supra Having Seen 2.a). As to his link with the case of García and Family, the representatives explained that Mr. Romero Rivera has worked on the domestic criminal investigation into the case of Mr. Edgar Fernando García and referred to the progress and current status of those criminal proceedings, in which military officers have been convicted and a colonel who served as Director of the National Police is being investigated (supra Having Seen 2.b). The representatives also referred to the events that allegedly occurred in July 2011, as well as to those that supposedly took place prior to 2011 (supra Having Seen 2.c a 2.e). According to the representatives these facts constitute a situation of gravity and urgency, bearing in mind the alleged danger implied in prosecuting military officers in Guatemala. 8. The Court notes that the representatives asked the Court to order provisional measures basically because they knew that the State would withdraw the measures of protection that it had been providing to Mr. Romero Rivera, which consisted of “the provision of personal security by the National Civil Police, which assigns two officers who take turns” (supra Having Seen 2.f). These protection measures were initially implemented by Guatemala in the context of the provisional measures ordered by the Court in favor of Mr. Romero Rivera in relation to the case of Myrna Mack Chang. On November 16, 2009 this Court decided to lift the provisional measures in favor of the beneficiary Luis Roberto Romero Rivera, taking into account, among other reasons: 26. That with regard to Mr. Luis Roberto Romero Rivera, the representatives stated that at the time he was the attorney in the Case Mack Chang, but that due to his present capacity as an official at the office of the Human Rights Ombudsman, he may use other institutional mechanisms of protection. During the private hearing the representatives repeated the foregoing. [...] 28. That the Court […] notes that from the information provided by the State and the representatives in their briefs, as well as at the private hearing, the parties agree that in the last seven years there have been no situations that would suggest the existence of a risk for the beneficiary. In addition to this, the beneficiary currently works as legal adviser at the office of the Human Rights Ombudsman, for which reason, as pointed out by the parties, Mr. Romero Rivera would have access to other measures of protection. 29. That […] since these provisional measures were enforced, there have been no incidents of threats against Mr. Luis Roberto Romero Rivera. Consequently, the Court considers it reasonable to presume that the situation of extreme gravity, urgency and imminent risk which gave rise to the adoption of the provisional measures to protect the life and physical integrity of the beneficiary no longer exists, for which reason his situation no longer falls within the requirements set forth in Article 63(2) of the Convention. […] 9. According to the information provided, after the Court lifted those measures in the case of Myrna Mack Chang, Guatemala continued to provide security to Mr. Romero Rivera. The Court interprets this action by the State as part of its fulfillment of the 5 Cf. Matter of the Mendoza Prisons. Provisional Measures regarding Argentina. Order of the President of the Inter-American Court of August 22, 2007, Considering para. 14; Matter of El Rodeo I and El Rodeo II Judicial Confinement Center. Provisional Measures regarding Venezuela. Order of the Inter-American Court of February 8, 2008, Considering para. 15, and Matter of the Mendoza Prisons. Provisional Measures regarding Argentina. Order of the Court of July 1, 2011, Considering para. 40. 5

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