3
from the date of notification of said Order, following which the Court would evaluate
whether the measures should remain in place (supra Having Seen clause No. 4).
*
*
*
6.
That, as regards the implementation of the measures ordered by the Court,
the State referred the Court to the official records of the state officials’ visits to the
residence of Mr. Nieto Palma in May, June, July, August and September 2008.2
7.
That, among other things, Mr. Nieto Palma stated that:
a)
The records produced by the State show certain irregularities, as
there are “forged records that were not signed by [him], blank records
bearing no signature at all, records noting that there was nobody at [his]
house and records he does not [know] whose signatures they bear, because
he does not know that person;”
b)
The State has failed to abide by the agreement signed on March 14,
2008 at the offices of the Thirty-Fourth National Prosecutor’s Office, which
provided that the visits would take place at 7:00 p.m. and that the notice
could be signed by him, his mother or the building’s concierge;
c)
He again stated that on March 13, 2008 he allegedly received “verbal
threats […] from the Metropolitan Police officers who were supposedly
responsible for his ‘custody,’” without specifying what these threats consisted
of, and claimed that the social communication media had reported these
occurrences and that he was visited by a representative of the Department of
Legal Services’ Ombudsman Office, who wrote up the relevant record.
Moreover, he reported “the occurrences to the Thirty-Fourth National
Prosecutor’s Office, by telephone, but has received no response so far.” He
noted that the Metropolitan Police Department, formerly under the purview of
the Metropolitan Municipality of the Capital District, is now attached to the
Ministry of the Interior and Justice, to which DISIP reports, and that it was
DISIP officials who intimidated and threatened him, this in addition to the fact
that the General Directorate of Prisoner Rehabilitation and Custody also
reports to said Ministry. According to Mr. Nieto-Palma such agency
“repeatedly […] accuses the organizations who work within the penitentiary
system of being agents financed by the North American Government and that
[they] are the organizers of the protests that take place in our prisons on a
daily basis,” which he views as an act of intimidation against [the] work of
[h]uman [r]ights advocates”. The beneficiary thus believes “that the threats
against [his] person continue to be latent and are publicly repeated by high
Government officials,” and that the change is not a “mere administrative
formality,” since the Metropolitan Police department is no longer performing
its duties; and
d)
He repeated that the State has entirely failed to implement the
measures of protection ordered for his own benefit and for the benefit of his
2
In accordance with the agreement of March 14, 2008 between the beneficiary and the State, the
measures of protection consist of state officials’ visits to Mr. Nieto Palma’s residence.