3
and COPREDEH had met and agreed that the former would file his complaint on
November 2, 2000; “as of the date of this report, the foregoing had not been
confirmed.” In the Commission’s December 17, 1999 observations on the State’s
sixth report, and its April 28, 2000 observations on the State’s eighth report, the
Commission made the point that while security was being provided, it was not with
the frequency that the State claimed. It added that the petitioners had confirmed
that they had not received threats. In its March 14 and July 3, 2000 observations
on the State’s seventh and ninth reports, respectively, the Commission noted that
the beneficiaries of the provisional measures were receiving the protection that the
State had described and that they had not received threats.
11.
The Commission’s August 30, 2000 observations on the State’s tenth report,
wherein the petitioners stated that “the State has no security strategy for them and
is not providing any kind of security or patrol.” Finally, they pointed out that
“Santiago Cabrera has been without any form of State protection for some months
now.”
12.
The State’s eleventh and twelfth reports, dated September 11 and November
3, 2000, respectively, wherein it noted that the round-the-clock measures of
protection measures for Mr. Santiago Cabrera López and his next of kin continued.
On November 8, 2000, and January 22, 2001, respectively, the Commission
submitted its observations on those two reports, wherein it reported that the State
was not providing any security or patrol services to either Santiago Cabrera or his
next of kin. The Commission went on to say that from time to time a patrol car
drove around the area near his home, but never stopped to inquire about the
family’s safety.
13.
The State’s thirteenth report, of January 10 and 11, 2001, wherein reference
was made to the security measures that the State was providing to Mr. Cabrera and
his next of kin, and to the meeting that members of COPREDEH and the National
Police had with Santiago Cabrera to “reconfirm the commitment signed by the State
of Guatemala to provide him and his family with [those] measures […].” On March
12, 2001, the Commission submitted its observations wherein it reported that
Santiago Cabrera was receiving effective protection from COPREDEH staff and his
house was being patrolled. Mr. Cabrera believed that the State “ha[d] been more
responsive to his concerns and fears in connection with the Bámaca Case.”
14.
The February 16, 2001 order of the President of the Court summoning the
parties to a public hearing, to be held at the seat of the Court on March 13, 2001.
15.
The public hearing held at the seat of the Court on March 13, 2001, where
the Commission reported that COPREDEH personnel were calling Santiago Cabrera
every week to inquire about his circumstances. It also reported that the National
Police were patrolling his residence –but not his work place- on a daily basis. Their
routine was to drive by his home and “honk the horn” but not stop to inquire how he
was. This was, in the Commission’s judgment, unsatisfactory. However, inasmuch
as the measures had given Santiago Cabrera some peace of mind, the Commission
requested that the Court maintain the measures until the judgment on the merits
was executed in full. The Commission did agree with the idea that the State should
report every four months, rather than every two, since the threats to Mr. Cabrera
had subsided and provided that security continued to be provided. For its part, the
State agreed with the “maintenance of provisional measures” and the new timetable