4
8.
That the representatives stated that they appreciated the security measures adopted by
the State. However, they pointed out that the State had not provided personal security or
special protection for Tristán Collin and Ashley Corienne Peccerelli-Valle; nor had it implemented
a protection model including road patrolling and police escort to the site where exhumations
were conducted by the FAFG. In this connection, they reported that protection was provided to
the FAFG by police officers directly assigned by the police stations located in the different
regions where exhumations were conducted, and that the request for such protection had been
made directly by the FAFG or by the Attorney General’s Office through the usual procedures.
9.
That the Commission stated that it appreciated the efforts made by the State so far, as
well as the commitments undertaken in that regard. Specifically, the Commission valued the
protection provided through the Protection and Security Division of the National Civil Police at
the FAFG’s main office. However, it pointed out that the information furnished by the State is
incomplete and that Guatemala should provide detailed information on the efficacy of the
measures of protection implemented. In addition, the Commission expressed concern over the
lack of diligence in implementing security measures in favor of Tristán and Ashley PeccerelliValle. Therefore, it requested that the Court remind the State of its duty to solve any
operational or administrative problems in order to immediately adopt these measures of
protection and report on their progress as soon as practicable. The Inter-American Commission
stated that it valued the steps taken by the State to implement road patrolling and police escort
services by uniformed officers during exhumations. However, it pointed out that such measures
should be immediately implemented in coordination with the beneficiaries.
10.
That the State should be commended for the security measures adopted in order to
provide personal protection to the members of the FAFG and some relatives of its General
Director. However, the Court is concerned about the fact that, after two years of the adoption of
these provisional measures, the State has been unable to provide special protection for Tristán
Collin and Ashley Corienne Peccerelli-Valle, children of Mr. Fredy Peccerelli, and to effectively
coordinate the presence of uniformed police officers at the sites where exhumations are
conducted by the FAFG.
11.
That it is essential for the State to maintain the measures it has adopted and to adopt,
forthwith, all necessary measures to protect the rights to life and to humane treatment of the
beneficiaries of these provisional measures and, especially, of Mr. Fredy Peccerelli’s children.
Furthermore, the State must adopt measures to ensure that the members of the FAFG are
provided with police escort not only during the exhumations carried out within the country, but
also during transfers.
*
*
*
12.
That the Inter-American Commission and the representatives informed the Court that,
on May 25 and 28, 2007; February 2, May 19 and 22, July 27, 28, 29, and 31, and August 5
and 12, 2008, Mr. Fredy Armando Peccerelli-Monterroso, Executive Director of the FAFG, and
other members of the foundation received, via email and telephone, including a cell phone,
messages containing serious veiled threats, couched in foul language, against some of their
relatives and members of the FAFG. The representatives also informed the Court that, on May
29, 2007, a person on a motorcycle was seen taking pictures of Fredy Peccerelli and other
members of the FAFG while they were leaving the office.
13.
That, in relation to the referred incidents of threats and intimidation (supra Considering
clause No. 12), the representatives: a) filed complaints with the Attorney General’s Office; b)