their liberty.9 Thus, the Tribunal considers that the State must adopt the measures
necessary to overcome every situation of risk to Mr. Dencen Andino’s life and
physical, psychological, or moral integrity, such that his security inside of the prison
where he is detained or where he may be transferred is fully guaranteed and that he
is not longer subjected to threats or attacks on the part of other detainees,
personnel, or any other persons that could affect his rights.10
B.
Adopt the measures necessary to guarantee that Mr. Dencen Andino
Alvarado is not persecuted or threatened due to his participation as a
witness in the investigation into Blanca Jeannette Kawas Fernández’s
murder (Operative Paragraph two of the Order of November 29, 2008).
16.
According to the information submitted by the State on January 23, 2009
(supra Having Seen clause 2), Mr. Andino’s inclusion in the witness protection
program was still pending. However, if it is shown that he committed the crimes he
is accused of (supra Considering clause 8), Mr. Andino must “be held accountable
before the competent authorities.” In its brief of April 1, 2009, the State reported
that on March 4, 2009, “as part of the Witness Protection Program of the
Prosecutor’s Office, the first economic aid package had been disbursed to Mr. Dencen
Andino Alvarado for relocation purposes.” He was thus provided with the two
thousand lempiras he had requested “so that he could transfer his belongings to
another city,” among other things. However, Mr. Andino’s domicile had not yet
changed, given that, as he had indicated, the amount of money provided to him had
not been enough, despite that it was what he had requested. Thus, the State agreed
to evaluate the possibility of providing him, for one time only, with an additional
amount of fifteen to twenty thousand lempiras so that he could start a business at
the place where he moved (infra Considering clause 17) or with a monthly amount
for a set period of time agreed upon by the parties. Afterward, the State reported
that due to budgetary constraints, the Finance Secretariat had not been able to
provide that aid, but that it would try to obtain funding for that purpose from the
Prosecutor’s Office. It also stated that under this program, it could only provide a
maximum amount of twenty thousand lempiras, and that it was possible that this
amount would be channeled to Mr. Andino’s representatives so that they would be
the ones to assist him in the procurement of “what they thought appropriate for
initiating his business.” However, on October 5, 2009, the State reported that in light
of the oral trial pending due to the accusations of theft against him, the
representatives and the State had agreed that Mr. Andino’s transfer to another city
could “obstruct the proceeding against him, as it would directly intervene in a
proceeding assigned to another branch of the Prosecutor’s Office.” Thus, the parties
would wait until the oral trial concluded in order to reconsider this issue.
17.
The representatives stated that even though Mr. Andino had received
“economic assistance” from the Witness Protection Program of the Prosecutor’s
9
Cfr. Matter of Capital El Rodeo I & El Rodeo II Judicial Confinement Center. Request for
Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of February
8, 2008, Considering Clause 11; Matter of Natera Balboa. Provisional Measures regarding Venezuela.
Order of the Inter-American Court of Human Rights of December 1, 2009, Considering Clause 11, and
Matter Guerrero Larez, Provisional Measures regarding Venezuela. Order of the Inter-American Court of
Human Rights of November 17, 2009, Considering Clause 13.
10
Matter of María Lourdes Afiuni. Provisional Measures regarding Venezuela. Order of the InterAmerican Court of Human Rights of December 10, 2010, Considering Clause 12.
8