3
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4.
That in conformity with the Orders of the Inter-American Court of September
26 and December 3, 2006, and January 27, 2007, the State must, inter alia, adopt
the provisional measures with the object of: a) protecting the life and personal
integrity of the beneficiaries (supra Having Seen 1), b) investigating the facts that
motivated the adoption of the provisional measures, and c) planning and
implementing the measures with the participation of the beneficiaries of the same or
their representatives.
5.
That as a result of that provided in the Order of the President of December
18, 2009, and taking into account the information presented by the parties at the
public hearing held on January 28, 2010, the Court referred to the following aspects
in relation to the implementation of the provisional measures of the present matter.
Regarding the implementation of the provisional measures with the
participation of the beneficiaries or their representatives.
6.
That the State manifested that it regretted the unjustified situations that
previously had been suffered by the members of the García Prieto Giralt family and
made promises that it would not happen again, and requested that the
representatives send their apologies to the García Prieto Giralt family. In relation to
Mr. Mauricio García Prieto and Ms. Gloria Giralt de García Prieto, the State
manifested its will to provide the measures of protection with trustworthy personnel
selected by the beneficiaries; such personnel will offer the training and resources
necessary to exercise such functions. Also, the State provided that, meanwhile, it
grants protection by the National Civil Police. The State promised to offer such
measures of security every day from the eight hours to the twenty hours with the
possibility of requesting special protection when required. The State concluded that
the hope remained that Mr. García Prieto and Ms. Giralt and their representatives
make a proposal of persons in their confidence that may make up the permanent
security. Regarding Ms. María de los Ángeles García Prieto de Charur and Mr.
Benjamín Cuéllar Martínez, the State provided that they receive protection and it will
maintain such services of security. Regarding Mr. Ricardo Iglesias Herrera –who
relied on a direct contact to the interior of the National Police by telephone – the
State promised to mend immediately the telephone number for emergency help that
was provided to him, which had been changed without notice.
7.
That the representatives pointed out that Ms. María de los Ángeles García
Prieto de Charur and Mr. José Benjamín Cuéllar Martínez received protection.
Regarding Mr. Mauricio García Prieto and Ms. Gloria Giralt de García Prieto, they
provided that during the month of December, they had begun to offer security to the
parents of Ramón Mauricio García Prieto, through personnel of the National Civil
Police. In this respect, they expressed that they are not satisfied with the security
considering fifth; and Matter of the Urso Branco Prison. Provisional Measures regarding Brazil. Order of the
Court of November 25, 2009, considering fourth.