a)
It had held “high level” meetings on April 8 and June 9, 2010, to make
progress in the implementation of the provisional measures. Subsequently, it
indicated that efforts continued in order to comply with the provisional measures,
and that the dialogue with the beneficiaries of these measures continued to be of
great interest, while recognizing that when the implementation of the provisional
measures started “the required haste [had not been] observed, […] because it had
not been possible to establish immediate coordination with the beneficiaries and their
[…] representa[tion]”;
b)
Regarding the protection provided to Adrián Meléndez Quijano (hereinafter
also “Mr. Meléndez Quijano,” “Mr. Meléndez,” “Colonel Meléndez” or “the Colonel”)
and the other beneficiaries, this is provided by agents assigned by the Victims and
Witnesses Protection Division of the National Civil Police (hereinafter “the Protection
Division”). The State indicated that, since November 30, 2009, this Division is in
charge of the “personal and residential” protection of Colonel Meléndez, and also
“efforts have been coordinated for police agents to patrol […] the surroundings of the
residences and places of work of those protected.” This protection has been provided
to the other beneficiaries since February 2010. On October 19, 2010, the State
advised that “on September 11, 2010, at his request, it had made three female
agents available to Colonel Meléndez Quijano to provide personal and residential
protection to his family group, and four male agents to drive the vehicles that had
been assigned.” On September 18, 2012, it reported that “[a]s agreed, the personal
and residential protection has been established. Regarding the other beneficiaries
[…], on September 11, 2010, the protection system was set up with 10 agents,
distributed in two groups of five persons, composed of three women and two men,
working four-day shifts.” It reiterated on several occasions that, as of September
2010, it had continued to provide protection to Colonel Meléndez and his family. The
State affirmed that it was Colonel Meléndez who handled the organization and the
way in which the resources and the agents provided by the State were used. In its
report of September 18, 2012, it added that changes had been made in the
protection service provided to Colonel Meléndez and regarding the agents who
protect his mother and sister, owing to the temporary substitution of some agents,
and due to vacations. In addition, in relation to the criminal proceedings that were
underway against Colonel Meléndez, in which the preventive measures of house
arrest had been ordered, the State indicated that, even though this situation was not
related to the measures ordered by the Court, it had created an impasse in the
service, without compromising his safety or increasing his level of risk, because he
was serving a judicial order of house arrest in a military unit, in conditions adapted
to his military rank. The State indicated that the preventive measure ordered for
Colonel Meléndez did not exclude its responsibility to protect him;
c)
The vehicles assigned to the protection system for Mr. Meléndez Quijano also
receive mechanical maintenance and check-ups, as well as fuel provided by the
Ministry of Justice and Public Security. On October 25, 2011, it had replaced two
vehicles that had problems. It had also agreed to eliminate the Ministry’s logos from
the assigned vehicles and had undertaken to provide four radios for the protection
agents;
d)
With regard to Mr. Meléndez Quijano’s reiterated observations about the
conduct of the protection agents, it indicated that this situation has been discussed
in various coordination meetings between the State and the beneficiaries and, “as a
result, […] the Protection Division is conducting the corresponding disciplinary
procedures.” It added that this situation is complex, “because, on the one hand, it is
also aware of the mistreatment inflicted on the protectors by Mr. Meléndez Quijano,
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