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protection (amparo), which ended on November 6, 2008; (c) on April 14, 2005, at the
Public Prosecutor’s Office, the beneficiary reported he had suffered a pursuit on April 11,
2005 while he was accompanied by his two bodyguards. The agent of the Public Ministry
in charge of the previous investigation, CUH-6T2/402/2005-03, sent the brief to the
Attorney General’s Office for its monitoring. They remarked the fact that the beneficiary
had not been notified of the “initiation” of a preliminary inquiry by the federal authority
prevented him from completing his complaint and assisting the Public Prosecutor in the
investigation intended to establish the identity of those who had carried out the pursuit.
Said omission, together with the decision to shelve the preliminary inquiry until new
data appeared and the time that has elapsed, not only allow the perpetrators to go
unpunished but also maintain the risk against the beneficiary; and (d) Noncommissioned
officer Felipe de Jesús Pérez-Carmona, who reported to his superiors the pursuit
suffered by Mr. Rivero on October 2, 2006, was murdered on November 13, 2007,
without there being, to date, any satisfactory explanation of the circumstances of his
death, or of whether or not it was related to the reporting of the pursuit. Additionally, it
is not known whether the perpetrator has been identified, or whether the fact is likely to
be related to the hostile acts against the beneficiary. Similarly, representatives made
reference to the lack of investigation into the death of Federal Agent Jorge FuentesVillamar.
8.
That they were concerned about the fact that the authorities responsible for
prosecuting the crime and those in charge of administering justice had respectively
taken and rubber-stamped the decision to conclude the inquiry by not exercising the
criminal action, which keeps alive the existing risk to the beneficiary’s safety. Likewise,
because the hostile acts against him and his next-of-kin have been perpetrated at
intervals, they live in constant fear of the consummation of the threats and intimidating
acts, the last of which took place on November 8, 2006.
9.
That in relation to implementation measures, the representatives stressed that
the escort service is still being provided as established by the State: the beneficiary
uses public transport and, as far as possible, security staff follow the vehicle in which
the beneficiary is travelling in their own assigned vehicle, from Monday to Friday, during
the time the beneficiary performs his professional activities. As regards the cellular
telephones assigned to the beneficiaries, they pointed out that they were replaced on
March 18, 2008 and have been working properly since April 25, 2008. As regards the
surveillance tasks entrusted to the staff of the General Office for Public Security and
Traffic of the State of Mexico (hereinafter, “the General Office for Security”), they
informed that a series of anomalies have affected the service during the last eight
weeks and those in charge of the surveillance have often left notices saying that they
had been at the beneficiaries' domicile during their patrol and had found no members of
the family. However, some family members were present at said domicile, so it is
inaccurate to say that the patrol actually took place. The anomaly has been entered in
the service logbook kept by the General Office for Security.
10.
That, as regards the investigation of the facts that prompted the adoption of
provisional measures, the Commission urged the State to conduct it with due diligence.
It considered that, insofar as the facts have not been elucidated and those responsible
have not been identified, it cannot be concluded that the risk to the beneficiaries, as the
Court timely acknowledged it, has been eradicated. As regards protection measures, the
Commission was pleased to take cognizance of the implementation of different
measures in favor of the beneficiaries.