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 In its report of June 1, 2009, the State advised that, as of February 18, 2009, it had withdrawn 12 of the 16 security agents assigned to Fredy Peccerelli, Executive Director of the FAFG, for his personal protection and that of his family.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

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