their exhumation timetable with one week’s notice but, on several occasions, the beneficiaries
have said that this is not possible owing to the way in which these procedures are conducted. In
this regard, the Court also notes that, as explained by the representatives and not contradicted
by the State, it is the Public Prosecution Service that determines and orders the exhumations
carried out by the FAFG and, as the State indicated during the public hearing, it is the Public
Prosecution Service that benefits from the Foundation’s work in its own investigations.
28.
The Court reiterates that the protective measures adopted by the State must be effective
in order to ensure that the risk ceases for the persons whose protection is sought.15 In addition,
it emphasizes that the beneficiaries and their representatives are required to provide all
necessary collaboration to support the effective implementation of the measures,16 and also the
importance that the federal authorities establish clear and direct means of communication with
the beneficiaries that create the trust required for adequate protection. In this regard, the Court
appreciates the information provided by the State that meetings have been held with the
beneficiaries or their representatives in order to coordinate the implementation of these
provisional measures. However, it awaits further information in this regard, because the Court
has only been informed of the meeting held April 5, 2010 (supra considering paragraphs 23 and
25).
29.
Based on the foregoing, and taking into account the willingness in this regard expressed
by Guatemala during the public hearing (supra considering paragraph 23), the Court urges the
parties, by mutual agreement, to design a mechanism or modify the existing one in order to
ensure the effective implementation of security and protection measures in favor of the
beneficiaries during the transfers to and throughout the exhumations conducted by FAFG
members and employees. To this end, the Court urges the State to take into consideration the
relevant observations and concerns of the beneficiaries, and the beneficiaries to collaborate as
necessary with the State authorities. Consequently, the Court asks the State and the
representatives to forward detailed and complete information on the actions and measures they
have adopted or implemented to establish or modify this aspect of the measures of protection,
so that they are appropriate for the specific circumstances of the work of the beneficiaries.
C. Regarding new threats and acts of intimidation against the beneficiaries and
the investigation of the events relating to these provisional measures
c.1
Regarding the new threats and acts of intimidation
30.
In its brief of April 22, 2010, the Inter-American Commission forwarded to the Court
an FAFG press communiqué reporting alleged events that occurred on April 13, 2010. According
to this communiqué, that morning a truck parked next to the vehicle of Omar Bertoni Girón,
Head of the Foundation’s Forensic Anthropology Laboratory, who was inside a gas station and,
at that moment, someone broke the car window and stole the case that contained his laptop
computer, an incident recorded by the gas station’s security cameras. The communication also
indicated that, the same evening, Fredy Peccerelli received a threatening note referring to what
happened to Mr. Girón and threatening the members of the Foundation, its Director and the
latter’s family.17 In this regard, on May 20, 2010, the representatives indicated that they had
15
Cf. Matter of Juan Almonte Herrera et al., supra note 9, sixteenth considering paragraph; Matter of Mery
Naranjo et al., supra note 3, twenty-seventh considering paragraph, and Matter of Alvarado Reyes et al., supra note 9,
twenty-sixth considering paragraph.
16
Cf. Case of the Mapiripán Massacre, supra note 3, twentieth considering paragraph, and Matter of Mery Naranjo
et al., supra note 3, twenty-seventh considering paragraph.
17
According to the press communiqué published by the FAFG, this message was addressed to the FAFG Director,
11