4.
Under international human rights law, provisional measures are not only precautionary in
nature, in that they preserve a legal situation, but they are also protective, because they
protect human rights, inasmuch as they seek to avoid irreparable damage to persons. The
measures are applied provided that the basic requirements of extreme gravity and urgency and
the need to avoid irreparable damage to persons are met. In this way, provisional measures
become a true jurisdictional guarantee of a preventive nature.5
5.
The Court finds that the hearing held on September 2, 2010 (supra sixth having seen
paragraph) was extremely useful to learn the actual situation of the provisional measures
ordered in this matter.
6.
The purpose of this hearing was to receive the arguments of the State, the
representatives, and the Commission regarding: (i) the reduction in the number of agents who
provided security to the beneficiaries, its impact on the effectiveness of the measures ordered,
and the measures of protection provided to the minors Tristán and Ashley Peccerelli Valle; (ii)
the coordination and implementation of protection measures during the transfers to the
exhumation sites and during the exhumations, and (iii) the alleged new threats that occurred in
April 2010.
A. Regarding the reduction in the number of agents, its impact on the
effectiveness of the measures, and the protection services provided to the
minors Tristán and Ashley Peccerelli Valle and, in general, the measures of
protection adopted for all the beneficiaries
7.
In its report of June 1, 2009, the State advised that, as of February 18, 2009, it had
withdrawn 12 of the 16 security agents assigned to Fredy Peccerelli, Executive Director of the
FAFG, for his personal protection and that of his family. It indicated that the Ministry of the
Interior had decided “to change the type of security measures provided,” because of “significant
progress in the investigations in the case” and owing to “the lack of human resources that the
National Civil Police” was facing.
8.
Subsequently, during the public hearing held in September 2010 (supra sixth having
seen paragraph), the State reiterated that, since February 18, 2009, the protection and security
measures had been reduced and currently consisted of four police escorts assigned to Fredy
Armando Peccerelli, who were relocated at the latter’s request, so that two of them were
“assigned to the protection and safeguard of his wife [Jeanette] del Valle and the other two
[worked] as protection agents for his sister Bian[k]a Peccerelli,” and these same agents
protected and safeguarded the children Tristán and Ashley Peccerelli del Valle, “because they
were part of the same protected group.” The State indicated that this escort service was
provided “in shifts of 8 days on duty and 8 days off.” Subsequently, in its repot of January 14,
2011, Guatemala indicated that “there was still no possibility of assigning specific escorts to the
children Tristán and Ashley Peccerelli.” Regarding the security of the FAFG premises, it indicated
that security measures were provided by means of a guardhouse, “for which three agents had
been appointed, who provide services 24 hours a day, working shifts of seven days on duty and
Provisional measures with regard to Venezuela. Order of the President of the Court of December 10, 2010, fourth
considering paragraph, and Matter of José Luis Galdámez Álvarez et al. Provisional measures with regard to Honduras.
Order of the President of the Court of December 22, 2010, third considering paragraph.
5
Cf. Case of the “La Nación” Newspaper. Provisional measures with regard to Costa Rica. Order of the InterAmerican Court of Human Rights of September 7, 2001, fourth considering paragraph; Matter of María Lourdes Afiuni,
supra note 4, sixth considering paragraph, and Matter of José Luis Galdámez Álvarez et al., supra note 4, sixth
considering paragraph.
3