b)
c)
d)
e)
f)
g)
This was communicated to the Secretary of Security, who indicated that he
would inform local police authorities;
on December 31, 2008, while Mr. Andino was selling, a young man apparently
belonging to a gang drew near and stated that “he was being paid very well to
get rid of him, but that he was thinking about it because it was not going to be
easy to end his life due to the fact that [Dencen Andino] was well-known.” On
January 8, 2009, this event was denounced before the General Office for
Criminal Investigations (hereinafter, “DGIC” for its acronym in Spanish);
on January 5, 2009, an agent of the DGIC “tried to urgently locate Mr. Dencen
Andino on two occasions.” When he found Mr. Andino, the agent indicated that
he had an arrest warrant and that Mr. Andino should follow him immediately.
Mr. Andino asked to see the warrant but the agent refused, and thus the
beneficiary stated that he would later turn himself in voluntarily;
on January 7, 2009, Mr. Andino ran into the same DGIC agent on the street.
The latter again insisted that Mr. Andino go to the Public Prosecutor’s Office,
but this time, it was for the purpose of “confronting” one of the persons
involved in the events that occurred to Mrs. Kawas Fernández;
on January 8, 2009, Mr. Andino spoke with the Chief of the GOIC in order to
inform him that an agent of that institution had stated that an arrest warrant
had been issued for his capture. However, this agent did not appear despite
the fact that he had been summoned by his Chief. Thus, Mr. Andino and his
representatives contacted an agent of the Public Prosecutor’s Office, who
indicated that no arrest warrant had been issued for Mr. Andino’s capture;
on June 1, 2009, a police officer involved in the obstruction of the investigation
into the events that occurred to Mrs. Kawas Fernández threatened Mr. Dencen
Andino’s life while at his place of work. The representatives highlighted that
this occurred after the police officer guarding Mr. Andino had left, in breach of
the schedule that had been established. The representatives also indicated
that Mr. Andino had stated that he had seen that same police officer speaking
to the person that threatened him on various occasions. Furthermore, they
indicated that one of the witnesses to this event had refused to testify because
an agent of the GOIC had told him “not to get involved in that because he
would only get problems,” and
on November 13, 2009, while walking close to the central part of the City of
Tela, Mr. Andino was approached by the police agent that had threatened his
life, who told him that he needed to speak with him in private. Mr. Andino
refused, and the police official responded in a threatening tone, “we’ll see each
other then.” The representatives indicated that the police official that guarded
him witnessed this; however, he did not intervene in order to protect the
beneficiary’s integrity.
12. Initially, the Inter-American Commission took note “of the commitments
assumed by the State under the agreements subscribed on December 13, 2008 and
January 16, 2009,” but expressed concern that Mr. Andino still had not been included
in the witness protection program and that he had not received a bulletproof vest.
Additionally, in relation to the implementation of Mr. Andino’s police protection, the
Commission recommended that a “mechanism for controlling presence and
schedules, […] signed by the beneficiary and indicating his police escort’s time of
arrival and departure,” be established. Later, the Commission indicated that it
“consider[ed] important that ways of resolving the difficulties in providing protection
and the most appropriate mechanisms of protection after the beneficiary change[d]
homes [be agreed upon].” Additionally, it considered that the State had to ensure
that “the persons in charge of guarding the beneficiary [did] not have any links” to
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