5
12.
That the Court notes that several meetings have been held in order to listen to
the opinion of the beneficiary with reference to the manner in which the provisional
measures are implemented. Likewise, it values the attitude shown by the State in
order to solve Ms. Guerrero-Galucci’s dissatisfaction with the protection measures
adopted regarding her person. Along such lines, the Tribunal reminds both the State
and the beneficiary that the protection measures must be implemented in agreement
with the beneficiary or with her representatives and in an effective and diligent
manner, for which reason it urges both of them to cooperate so that the agreements
reached may be effectively implemented.
*
13.
That as regards investigation of the facts, the State has informed that the
beneficiary appears as the alleged victim in two investigations, one of them related to
the alleged blackmail to which she would have been allegedly subjected by the Guárico
State Police, currently in the Preparatory stage, with four agents under prosecution. As
regards the investigation related to the alleged attempted aggravated homicide to the
detriment of the beneficiary, on June and August, 2006 two persons were charged
and, after the preliminary hearing was held, the Tribunal seized with the case admitted
the charges, indicted the accused and ordered trial proceedings to be instituted. The
public trial hearing has not yet been held.
14.
On such point, the representatives expressed they were worried about the
unreasonable delay in the proceedings, lack of activity and procastination in the cases
where Ms. Guerrero-Gallucci appears as the victim.
15.
That the representatives have reported “acts of harassment and intimidation
against Ms. María del Rosario Guerrero-Gallucci and her family group” […] putting her
rights to freedom and humane treatment at risk.”
16.
That from the information provided the Court by the parties, it does not appear
that the circumstances having led to adopting the instant provisional measures may
have ceased. Pursuant to the Order by the Inter-American Court of Human Rights
dated July 4, 2006, the State must, inter alia continue to implement the measures it
has adopted, and adopt forthwith those that may be necessary to protect the rights to
life and to humane treatment of Ms. Guerrero-Gallucci (supra Having Seen paragraph
one).
17.
That the adoption of provisional measures does not imply a decision of the
merits of the case between the petitioners and the State. By adopting them, the Court
is only exercising its authority under the Convention, for cases of extreme gravity and
urgency requiring protection measures to avoid irreparable damage to persons. 2
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
2
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of May 27, 1998, Considering paragraph number seven; Matter of Monagas
Judicial Confinement Center ("La Pica"). Provisional Measures regarding Venezuela. Order of the InterAmerican Court of Human Rights of July 3, 2007, Considering paragraph number six; and Matter of Gloria
Giralt de García-Prieto et al. Provisional Measures regarding El Salvador. Order of the Inter-American Court
of Human Rights of January 27, 2007, Considering paragraph number six.
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