8
access to the information in the Attorney General’s Office in order to be acquainted with any
steps taken, including the date and results of such steps.
29.
That the Commission valued the steps taken by the State, designed to consolidate the
cases related to the beneficiaries of these measures into a single file and under the supervision
of one prosecutor. However, it noted the lack of detailed information regarding the current
status of the investigations. Furthermore, the Commission insisted on the importante of
investigating the facts that gave rise to these provisional measures, especially since there is
evidence that the incompetence of the investigation has been one of the key factors in the
perpetuation of the threats against the beneficiaries.
30.
That the Court notes that, even though the State has made reference to several steps
taken in relation to the cases opened as a result of the complaints filed by different members of
the FAFG, it has failed to provide information on the current status of investigations or on the
specific results achieved.
*
*
*
31.
That the Inter-American Commission pointed out that, due to the type of threats issued
against the members of the FAFG and their relatives as well as the modus operandi of those
behind such threats, it is of paramount importance that the beneficiaries are duly informed of
any changes in the measures of protection, both in connection with the method of
implementation and the indentification of the officers implementing them, as well as of any
progress in the investigations. The Commission reiterated the importance of involving the
beneficiaries in the design and implementation of adequate measures to protect their lives and
safety.
32.
That the case file shows that the representatives and the beneficiaries have held
meetings with government authorities for the purpose of planning and evaluating the
implementation of these provisional measures.
33.
That it is necessary to reiterate the point expressed in considering clause number four of
the Order of July 4, 2006 (supra Having Seen clause No. 1), as follows: “[T]he positive
coordination of the State and the representatives in the implementation of the measures of
protection in this case constitutes important progress in the development of the process and in
the exercise of the principles that inspire the American Convention [on Human Rights].”
THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority vested in it by Article 63(2) of the American Convention on Human
Rights and Articles 25 and 29 of the Court Rules of Procedure,
DECIDES:
1.
To request the State to maintain the measures it has adopted and to adopt, forthwith, all
such measures as may be necessary to effectively protect the rights to life and personal
integrity of the beneficiaries of these measures, as set forth in the Order of July 4, 2006 (first
operative paragraph) and in accordance with the commitments undertaken by Guatemala
(supra Considering clauses No. 5 and 6).