10
vulnerability regarding the absence of any [State] investigation […],” by
virtue of which the Commission argued its request for provisional measures.
14.
The communication of June 23, 2010, and its annex, whereby the InterAmerican Commission “transmit[ted]” to the Court a written document from the ICJP
that “drew the Commission’s and Court’s attention to new facts alleging threats,
harassment, and plans to strike against the life and limb” of ICJP members. In this
communication, the Commission signaled that it considered this new information
“provided by the potential beneficiaries to confirm yet again the information that had
already been available to the Court in the request for provisional measures, as well
as previous communications, [according to which] the [ICJP] members find
themselves defenseless in a serious situation while their lives and right to humane
treatment remain at risk of imminent harm.” The Commission again stressed its
request that “provisional measures be adopted in the present case.”
15.
The letter from the Secretariat of June 30, 2010 whereby, among other
things, the Court requested that the State present its relevant observations on the
information proffered by the Inter-American Commission (supra Having Seen 14).
16.
The letter from the Secretariat of July 6, 2010 whereby, at the State’s
request, the Secretariat referred back to the Inter-American Commission’s
communication of June 7, 2010 (supra Having Seen 10) and assigned a new deadline
for the State to present its observations.
17.
The brief of July 30, 2010 whereby the State referred to the communications
of the Commission dated June 7 and 23, 2010 (supra Having Seen 10, 14). In
particular, the State noted that:
a)
“currently, [ICJP] members have at their disposal material means of
protection that to date are in effect and have been implemented by the
Protection Program, under the auspices of the Human Rights Division of the
Ministry of Justice and the Interior.” The State specified that individual and
collective measures3 have been adopted, for which “it does not share the
petitioners’ assertion that the protective measures are not being implemented
in an effective manner.”
The State also highlighted that “some
inconveniences or obstacles in implementing these previously-approved
measures are attributable to the selfsame beneficiaries and petitioners of the
precautionary measures, who in some instances do not submit [...] the
necessary documentation in a timely fashion to enable [their]
implementation.”4
3
In particular, three armored vehicles with one extra vehicle pending; four late model vehicles; a
means of river transport, which “is pending until the ICJP presents quotes as to the supply contract for
this service”; two means of satellite communication; 26 means of cellular communication; 10 Avantel
communication devices; three supports for temporary relocation, although this measure is no longer valid;
four domestic air tickets; three closed-circuit televisions, video cameras, color monitors with VCR, a video
intercom, and two magnetic locks.
4
In this regard, the State indicated that “on February 16, 2010, the members of ICJP were
informed that the persons they had proposed as ‘trusted bodyguards,’ did not meet the objective
requirements for employment, since even though their resumes indicated that they had experience as
drivers, they had no expertise as bodyguards.” Subsequently, the State emphasized that “this is on
account of the nature of the Program [of Protection of the Ministry of Justice and the Interior], whose goal
is to protect the beneficiary, and it is therefore essential to deal with people who have proven experience
in matters of protection and security.” As an alternative, on May 3, 2010, “five resumes were sent to [the
ICJP] for bodyguards from the private security company VISE LTDA that were to be studied and