these alleged incidents, the Court asks the State to make specific reference to these new
incidents of alleged threats and intimidation reported by the representatives in its next report
on the implementation of these provisional measures, as well as to any measures it has adopted
in this regard. In relation to the alleged threats received by telephone by the employees of the
FAFG branch office in the municipality of Nebaj, the Court notes that these members of the
Foundation are not beneficiaries of these provisional measures and, in this regard, recalls that it
cannot rule on acts or situations that are not exclusively related to the beneficiaries of the
measures.20 Nevertheless, it takes note of the representatives’ observation that “[t]his incident
is one more in the series of threats suffered by the FAFG.”
36.
The Court finds that these events reveal the continuation of situations that could
constitute threats to the safety of the beneficiaries and this, added to the lack of information
from the State regarding the risk assessments that had been made on the beneficiaries, does
not allow it to determine clearly whether, in the current circumstances, the security
mechanisms that the State has implemented have been useful, effective and timely. Therefore,
the Court finds that maintaining these provisional measures in favor of the beneficiaries of the
measures is justified.
c.2 Regarding the investigations into the events related to these provisional measures
37.
In its report of June 1, 2009, the State indicated that “it was difficult to determine the
authors” of the threats received by the members of the FAFG, because of “the technical
methods used to transmit them”; but all the “appropriate [means] to clarify the events” had
been exhausted. Subsequently, during the public hearing held in September 2010, the State
described the most relevant measures taken as part of the investigations into the events related
to these provisional measures that occurred in 2006, 2007 and 2009. In this regard, it indicated
that five investigations were carried out during the first two years and it was concluded that the
threats were not significant, which led to in the dismissal of the court case. Regarding 2009, the
State referred to incidents that took place in January that year, when a threat was allegedly
received by e-mail and text message; the Public Prosecution Service attributed responsibility to
the beneficiary Gianni Peccerelli, brother of the Director of the Foundation, Fredy Peccerelli.
Nevertheless, it indicated that the judge of the case had decided that there were no grounds for
attributing responsibility to the beneficiary; a decision that is under appeal.
38.
Regarding the procedures and activities referred to by the State, in their observations of
February 2009, the representatives indicated that “it appeared that [the State] is trying to
attribute responsibility to Gianni Peccerelli for all the threats received over seven years, without
any evidence to date other than the content of [a] video.” They also indicated that, after more
than seven years during which the representatives have reported different acts of intimidation,
“an analysis should be made that determines the pattern and the origin of the threats to date;
also related to the political context at each moment the threats were received, as well as the
fact that most of them attack the work performed by the organization.” They added that the
State “ha[d] not revealed, through its institutions in charge of the criminal prosecution, that a
serious, efficient and effective investigation had been conducted that could achieve concrete
results.” The representatives forwarded the decision of the criminal judge of first instance of
May 17, 2010, establishing the lack of grounds to attribute responsibility to Gianni Peccerelli,
because “there [were] insufficient rational grounds to believe in [his] participation […] in the
facts.” This decision also found that “the investigation [was] biased,” because it did not include
all the data gathered; it therefore “urge[d] the Public Prosecution Service to redirect its
20
Cf. Matter of the Jiguamiandó and the Curbaradó Communities. Order of the Court of August 30 , 2010, supra
note 12, sixty-second considering paragraph, and Matter of Mery Naranjo et al., supra note 3, seventy-third considering
paragraph.
14