3
irreparable damage to persons are met, provisional measures become a real jurisdictional
guarantee of a preventive nature.3
*
*
*
6.
Regarding the obligation to maintain any previously enacted measures and to
immediately take such steps as may be necessary to protect the beneficiaries’ rights to life and
humane treatment (Operative Paragraph 1 of the Order of January 26, 2009, supra Having seen
2), the State reported that on February 18, 2009, it removed 12 of the 16 agents assigned to
the protection of Fredy Peccerelli, Executive Director of the FAFG, and his family. The State
noted that the Ministry of Governance decided “to vary the type of security measures provided
them” due to “significant advances in the investigations into the case” and for the “the human
resource deficit that the National Civil Police is presently facing.” The State also noted that
security in place at the two headquarters of the FAFG is being provided under the auspices of
eight agents from the National Civil Police in groups of four agents per shift; “security measures
had also been assigned to the residences [of Messrs.] Omar Bertoni and Leonel Paiz.” Later, in
its report of March 26, 2010, the State declared that it had 10 total security officers (including
all shifts) providing protection in the following manner: one agent for each of two shifts for
Tristán and Ashley Peccerelli Valle and Ms. Jeannette de Peccerelli, the children and wife of the
FAFG Executive Director; one agent for each of two shifts for Ms. Bianka Peccerelli, the
Director’s sister; and six agents for “the protection of Mr. Fredy Armando Peccerelli and the
employees of the [FAFG], [...] with two at the main headquarters and two at the annex for each
of two shifts, along with two others who relieve them.” The State stressed that “despite varying
the number of assigned agents, it has not ceased providing protection to the beneficiaries.”
7.
The representatives declared, among other things, that pursuant to a verbal order of the
Ministry of Governance of February 17, 2009, “12 of the 16 individuals [...] who were providing
personal protection to Mr. Fredy Peccerelli, his family, and to [Mr.] Leonel Paiz were removed,”
and that “the option was given to keep four of those individuals who, at Mr. Peccerelli’s request,
were assigned to [his] sister and wife [...] with the main intention of protecting his minor
children.” The representatives noted that since the four agents work in shifts, [in] reality only
one agent accompanies them per shift.” In their January 28, 2010 comment referring to the
State’s contention that 10 agents are assigned to the beneficiaries’ protection, the
representatives indicated that “there are really only six agents [...], for reasons of shift
assignment.” In their brief of May 20, 2010, the representatives declared that “at this moment,
neither Mr. Fredy Peccerelli nor Mr. Omar Girón have personal protection,” which “has been
repeatedly requested ever since the last threat and the events of April 13, 2010.” The
representatives are of the position that these actions on the part of the State “detail [...] the
lack of compliance [...] concerning its obligations before the Court.” They also noted that they
have requested “greater perimetric support and the assignment of more agents to relieve the
current personnel.” In this regard, the representatives requested that the State clarify the
information it furnished on the “Security Protection Scheme” and the risk assessment study
ostensibly carried out on the beneficiaries. In particular, they sought information on: the
identity of the person in charge of the study’s risk analysis, the procedure followed for its
implementation, how much prior notice is given to the beneficiary, the notification procedure for
the analysis, the parameters utilized, and the general action strategy in response to these
3
Cf. Case of “La Nación” Newspaper. Provisional Measures regarding Costa Rica. Order of the Inter-American
Court of Human Rights of September 7, 2001, Considering clause four; Case of Caballero-Delgado and Santana.
Provisional Measures regarding Colombia. Order of the Inter-American Court of Human Rights of February 3, 2010,
Considering clause four; and Matter of Alvarado Reyes et al. Provisional Measures regarding Mexico, supra note 2,
Considering clause four.