Visitación Padilla organization and the beneficiary’s residence; the investigation of the
denounced facts, and the form of and participation in the meetings to be held by the
representatives and the State. In this regard, the Court highlights the need to guarantee
the active participation of the State and the representatives in the effective implementation
of the instant provisional measures. To this end, it is essential for the representatives to
collaborate with the authorities, by presenting the corresponding claims, informing the
authorities on the way the protection should be provided to the beneficiary, and attending
the meetings so agreed. Similarly, the State must provide the necessary material conditions
to comply with its express commitment to provide the measures of protection that the
beneficiary considers suitable.
b) Information regarding the risk faced by the beneficiary
15.
The State informed that it held meetings in February and March 2012, in which it
agreed to conduct the patrolling established together with the representatives, both at the
beneficiary’s workplace and at her residence. In addition, to facilitate communication
between the parties, in February 2012, it was created a list with contact information of the
representatives of the State and of the beneficiary.
16.
Moreover, in the report of May 22, 2012, the State indicated that “it has encountered
a number of limitations [to investigate the threats] as the victim has not consented to
appearing before [the] Attorney General’s Office to provide a specific and detailed account
of the facts. In addition, there is no authorization for the Attorney General’s Office to
continue investigating the case [given that] the crime of threats [...] can only be prosecuted
by the Attorney General’s Office upon request of the victim, as it is classified as a Public
Action Dependent on a Specific Request.” In turn, “the victim has been summoned [to
appear before the Human Rights Prosecutor’s Office] on four occasions, and she has still not
appeared; in addition [...] three visits have been made to the headquarters of Visitación
Padilla organization, workplace of the victim, where it has not been possible to locate her,
consequently it is difficult to further the investigation without the victim’s cooperation.”
17.
The representatives indicated that since the ordering of the provisional measures,
there have been five incidents that have affected the security of the beneficiary, facts that
were reiterated during the public hearing, namely:
a) The entrance of unknown persons to the headquarters of Visitación Padilla
organization on December 31, 2010, during the early hours of the morning;
b) On March 21, 2011, unknown individuals threw a tear bomb in the parking lot
of the beneficiary’s residence;
c) On March 25, 2011, three prisoners transport vehicles parked outside of
Visitación Padilla organization, and “approximately 10 policemen” got out of
them. At that time, as an alleged measure of protection, the beneficiary and
the employees of said institution left said office screaming and calling on
neighbors, hence the policemen decided to leave;
d) The “suspicious” presence of two unknown individuals outside the
headquarters of Visitación Padilla organization on July 12, 2011, at 5.30 p.m.,
who after insisting “for a few minutes” on entering “to file a claim […] they
were picked up by a luxury SUV with tinted windows;”
6