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conjunction with Article 1(1) of the Convention (Obligation to Respect Rights), to the
detriment of José Mauricio García Prieto Hirlemann and Gloria Giralt de García Prieto.
*
*
*
3)
Threats and harassment suffered by some members of the
García Prieto Giralt family and the corresponding lack of an
investigation into the events
122. The Inter-American Commission alleged that Ramón Mauricio García Prieto’s
next of kin were the object of recurring acts of intimidation, which endangered their
lives and affected their safety and personal integrity. These acts included, among
other things, anonymous threats and harassing phone calls, pursuit by vehicles, and
surveillance by unknown individuals. The Commission alleged that these events
have been a consequence of attempts by the García Prieto Giralt family to obtain
justice. In addition, the Commission alleged that by failing to duly conduct an
investigation, the State has permitted this situation to endure. As a result, the
Commission alleged, the mental health of Ramón Mauricio García Prieto’s next of kin
has been affected.
123.
At the same time, the Commission argued that “the errors in the
investigation into the threats has produced a constant fear in the [alleged] victims
and has justified the grant of precautionary measures.” Moreover, according to the
Commission, the investigation was characterized, among other things, by delay and
the failure to call relevant witnesses. The Commission also stated that “none of the
alleged investigations have produced the identification of any of those responsible”
and stated that the investigations “were characterized by long periods of complete
inactivity.”
124. Likewise, the common intervener indicated that the acts of intimidation
directed at the García Prieto Giralt family have occurred with frequency and have
endured to the present. According to the common intervener, the majority of these
acts have been directed at the parents of Ramón Mauricio García Prieto, but María de
los Ángeles García Prieto de Charur, Lourdes García Prieto de Patuzzo and other
members of their extended family have also been affected.
125. With respect to the investigation into the “threats and acts of intimidation,”
the common intervener indicated that although the criminal proceedings under file
number 110/98 were opened in response to the request for precautionary measures
by the Commission (supra note 9), the State never identified those responsible.
According to the common intervener, the majority of the investigative steps taken
were superficial. “For example, when vehicles involved in the acts of intimidation
were investigated, the owners of these vehicles were sometimes identified, but these
individuals were never called to provide a statement; in other cases, the vehicles
were registered in the name of State entities […], however, an investigation into this
situation was never developed.” Furthermore, the common intervener alleged that
the steps taken to investigate the threats and acts of intimidation were negligent and
focused on requesting information about the telephone numbers from which the
harassing phone calls originated. These investigations were halted in 2002.
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