19
paragraph 280 of the Judgment), the State has pointed out that it referred to this
aspect within the procedure of the provisional measures ordered by this Court (supra
Having Seen clauses 4 and 20).
42.
That in the hearing, the State mentioned that this aspect does not have to do
with a measure of reparation, but to the protection of witnesses and next-of-kin for
having given their testimony in the proceeding before the Court, which constitute
duplication of proceedings. The State also asserts that the people who are protected
by the Judgment in paragraph 280, and who are not included in the provisional
measures, have not declared a situation of exceptional risk and, as a result, would
not need special protective measures. In addition, the State considers that the
mechanism of the provisional measures is the appropriate one to monitor the
protective measures, due to the fact that the provisional measures are adopted as
the result of a risk that meets the conventional and regulatory characteristics, while
a measure of reparation is adopted as the result of the commission of an
international illegal act, of the subsequent international responsibility of the State, of
the damage and the purpose of that reparation would be to return the situation to its
previous state or compensate the violations as better as possible. Furthermore, the
processing of the provisional measures, due to its own nature, is designed to follow
up the protection of the people who are in danger; therefore, it is the suitable
mechanism. Besides, the processing of the provisional measures calls for the
sufficient flexibility required by the protective measures, whereas the measures of
reparation are of a different nature; in practice, the follow-up of the situation of risk
is done by means of the procedure of provisional measures. In this sense, the State
requested the Court to maintain "the follow-up the protection of the people by means
of the mechanism of the provisional measures”, which the State considers to be
more suitable and to declare that the State is not obliged to inform on this aspect in
the procedure to monitor compliance with the Judgment.
43.
That the representatives contend that the Court, when ordering this measure
of reparation, was aware of the fact that, due to the particularities of the case and
the statements made, the next-of-kin were exposed to a great risk. They consider
that this aspect constitute a measure of reparation based on a non-repetition
approach, which consists in the duty to protect the people who rendered a statement
and their next-of-kin and that such duty must be taken up by the State in a
permanent way, in order not to cause them any damage in their lives and personal
integrities; therefore, they deem the measure should be maintained and must be
subjected to follow-up. In view of the fact that the protective measure ordered as a
reparation in a Judgment is the result of a trial and supporting evidence, the
representatives claim, such measure takes priority over the provisional measure
where the evidence is summarily assessed. Moreover, they pointed out that not all
the beneficiaries of the provisional measures are covered by the measure of
reparation. They consider that the fact the follow-up of the protective measures is
done within the procedure to monitor compliance does not affect the purpose of the
measure of reparation.
44.
That the Commission limited to mention that the measures of reparation
established in the Judgment and the provisional measures ordered “supplement and
offer feedback among themselves” and that the benefit of maintaining both
mechanisms is justified by the nature of the situation in the case at hand.