6
30.
The Secretariat’s June 23, 2004 note where, following the President’s
instructions, it requested that the State submit, by no later than June 29, 2004,
detailed information on the alleged attempt made against Mrs. Karen Fischer’s safety
and the status of her security at the time, and on the measures that the State had
taken to investigate the alleged threats made against her.
31.
The State’s failure to respond to the Secretariat’s June 23, 2004 note.
32.
The testimony given by Mrs. Martha Arrivillaga
the public hearing held at the seat of the Court, where
feared for her own safety and for the safety of her
Carpio Arrivillaga, because of her testimony before the
de Carpio on July 5, 2004, at
she stated, inter alia, that she
two sons, Jorge and Rodrigo
Court.
33.
The testimony given by Mrs. Karen Fischer at the public hearing held at the
seat of the Court on July 5, 2004, wherein she confirmed, inter alia, the threats she
had received throughout the domestic proceedings in the Carpio case. She also
testified that she had to send her children abroad, as she feared for their security
and physical safety. She stated that her children were currently living outside
Guatemala. She also pointed out that the June 19, 2004 attempt, which had left one
member of her security detail seriously injured, was related to the testimony she was
to give before this Court. Mrs. Fischer stated further that because the State had not
supplied the members of her security detail with sufficient equipment to protect her,
she had had to outfit them with weapons. She also stated that the members of her
security detail do not have licenses to bear arms or official identifications. Mrs.
Fischer also stated that the members of her security detail do not have medical
insurance and their salary is very low. Finally, she stated that she feared that she
and her children –once they returned to Guatemala- might become the targets of
reprisals or threats because of her testimony before the Court.
34.
The statement made by Mr. Abraham Méndez García at the public hearing
held at the seat of the Court on July 6, 2004, where he stated, inter alia, that as the
Prosecutor in the Carpio case, he was the target of threats and attempts on his life
which is why he and his family had to leave the country. They spent approximately
one year in exile. He stated further that he was afraid that his testimony before the
Court might make him and his family the targets of reprisals or threats.
35.
The Commission’s final oral pleadings, delivered at the public hearing held at
the seat of the Court on July 6, 2004, where it stated, inter alia, that for the reasons
Karen Fischer had explained during her testimony (supra ‘Having Seen’ 33), the
provisional measures ordered on her behalf were inadequate and therefore needed
to be strengthened.
36.
The representatives’ final oral pleadings, delivered at the public hearing held
at the seat of the Court on July 6, 2004, where they stated, inter alia, that the
provisional measures should be expanded to include Rodrigo and Jorge Carpio
Arrivillaga, Abraham Méndez García, as well as Rodrigo and Daniela Carpio Fischer,
Karen Fischer’s two children, owing to the fear of the reprisals that might be taken
against these persons because of the testimony given by Mrs. Martha Arrivillaga de
Carpio, Mrs. Karen Fischer and Mr. Abraham Méndez García. The representatives
also underscored the need to bolster the provisional measures ordered on behalf of
Karen Fischer and to reinstate the perimeter security detail assigned to Mrs. Martha
Arrivillaga de Carpio’s place of work.
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