4
8.
That, in the instant case, the irreparable nature of the extremely serious and
urgent threat relates to the right to life and humane treatment. In addition, the
Court notes that the testimony given by Mr. Dencen Andino Alvarado in the domestic
proceedings is related to the subject matter of this case.
9.
That, based on the facts as presented before the Court by the representatives
during the proceedings regarding the instant case, the situation of Mr. Dencen
Andino Alvarado is, prima facie, one of extreme gravity and urgency that require the
adoption of measures of protection in order to prevent irreparable damage to him.
The foregoing will allow Mr. Andino Alvarado to be safe during the investigation and
the proceedings in the criminal case in which he is a witness. The necessary
measures to be adopted must effectively prevent Mr. Andino Alvarado’s loss of life
and injury to his physical integrity.
Therefore,
The Inter-American Court of Human Rights,
in accordance with Article 63(2) of the American Convention on Human Rights and
by virtue of the authority vested in it by Article 25 of the Rules of Procedure,
Decides:
1.
To require the Republic of Honduras to adopt, without delay, such measures
as may be necessary to effectively ensure the protection of Mr. Dencen Andino
Alvarado’s life and physical integrity.
2.
To call upon the Government of the Republic of Honduras to adopt such
measures as may be necessary to ensure that Mr. Dencen Andino Alvarado is not
persecuted or threatened as a result of his participation as a witness in the
investigation conducted by the authorities in the case regarding the murder of Blanca
Jeannette Kawas Fernández, as set forth in Considering Clause No. 9 of this Order.
3.
To require the State that the measures of protection ordered herein be
designed and implemented with the participation of the beneficiaries of such
measures or their representatives.
4.
To call upon the State to provide information to the Inter-American Court of
Human Rights, every two months, regarding the provisional measures adopted, and
to request the beneficiaries of these measures or their representatives and the InterAmerican Commission on Human Rights to submit their comments on the State’s
bimonthly reports, within four and six weeks respectively, following receipt thereof.
5.
To request the Secretariat of the Court to notify this Order to the State, the
Inter-American Commission on Human Rights, the beneficiary of these measures and
his representatives.