Office, “the beneficiary had not yet been formally included in the program.” They
also stated the Mr. Andino had still not changed his domicile, but that they had
requested a meeting with State agents in order to come to an agreement as to the
terms of his move. They also indicated that Mr. Andino had expressed his intent to
move to San Lorenzo, Valle, and to start a business selling food. Thus, the
representatives requested that instead of the additional amount offered by the State,
Mr. Andino receive “economic assistance through the purchase of the elements
necessary in order to do so, as well as the payment of the business’s rent during its
first three months.” The representatives indicated that they did not approve of the
State’s offer of an additional amount in favor of Mr. Andino for the purpose of
starting a business, indicating that the monies should be provided directly to Mr.
Andino, who would be responsible for its use in a manner that is appropriate given
its purpose.” Subsequently, the representatives also stated that they “they were
also of the opinion that [Mr. Andino’s] definitive inclusion [in the witness protection
program] should be postponed until his legal situation [was] resolved.”
18.
The Inter-American Commission indicated that it considered “important that
the State explain why [Mr. Andino’s] transfer would obstruct proceedings and
indicate whether mechanisms existed so that those proceedings could continue in the
place where Mr. Andino was to establish his new residence.”
19.
The Tribunal notes that, as a measure of protection, the State provided Mr.
Andino with economic aid so that he could change his place of residence. According
to the information provided by the representatives and the State, this assistance
came from the Witness Protection Program of the Prosecutor’s Office. Afterward, the
State was not able to provide the additional aid it had offered, partly because the
criminal proceedings against Mr. Andino had not concluded. However, the
information provided does not demonstrate that Mr. Andino has been effectively
incorporated to that program, as his representatives have stated. Therefore, the
Court requests the State to include detailed information in that regard in its next
report, and that it indicate, if applicable, what Mr. Andino’s protection provided
though that program consists of, the entity in charge of providing his protection, and
the entity in charge of supervising its effective implementation.
C.
Planning and implementation of the measures of protection with the
participation of the beneficiary or his representatives (Operative Paragraph
three of the Order of November 29, 2008)
20.
In their briefs, the State and the representatives referred to various meetings
held with the beneficiary and his representatives in order to come to an agreement
on and supervise the measures of protection implemented in his favor. These
meetings occurred on December 13, 2008, January 16, May 19, September 12, and
October 31, 2009, February 7, 2010, and May 25, 2011.
21.
The Commission indicated that there “exist[ed] a certain level of dialogue in
the process of designing and implementing the measures of protection.”
22.
The Tribunal positively assesses the contact between the State, Mr. Dencen
Andino Alvarado, and his representatives for the purpose of agreeing upon and
implementing the provisional measures ordered by the Tribunal in Mr. Andino’s favor.
The Court urges the parties to continue maintaining channels of communication open
that are appropriate for this end.
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