5
Government Ministry, through the National Civil Police. Such Ministry pointed out that
under the law the task of the Secretariat for Administrative and Security Affairs is to
provide security to the President and Vice President of the Republic and their families
and, exceptionally, to other officials under the law, but it was not the competent
agency to implement the measures. Furthermore, the State informed that on February
11, 2008 the Provincial Government Ministry instructed the General Direction of the
National Civil Police to re-establish the service offered to the Myrna Mack Foundation.
Following the meeting between officials from the Foundation and the State on April 23,
2008, the State had provided the necessary information so that the representatives
could choose four agents to provide security to Mrs. Mack Chang, her relatives and the
Foundation facilities. Likewise, the State informed that on May 5, 2008 answering a
claim filed by the Myrna Mack Foundation and the Inter-American Commission stating
that security had been withdrawn on January 7, 2008, the COPREDEH had carried out
some proceedings so that the national system in force to protect human rights
advocates could ensure the protection of Mrs. Helen Mack.
11.
That in its communication of August 14, 2008, the State indicated that at the
meeting held on April 22, 2008 the Foundation expressed that “security should
hereinafter involve: Helen Mack, her family, the Myrna Mack Foundation headquarters
and its personnel, in order not to individualize the beneficiaries”. Additionally, the
State expressed that a team of 8 agents from the National Civil Police “had been set
up according to the Foundation’s specifications, and this had been agreed with the
Provincial Government Ministry; following verbal information from the minister to the
undersigned, and [that] COPREDEH [had] not received the information in briefing,
[since] it was a direct agreement, and [that] the beneficiaries did not require it [should
be] made public”.
12.
That the representatives affirmed in a brief of September 12, 2008 that the
three police agents appointed to Mrs. Helen Mack and her family and the security
offered to the Foundation and its personnel resulted from the direct negotiations made
by the beneficiaries with the Provincial Government Ministry and the National Civil
Police; therefore, the security offered to them “was not the result of any proceedings
made by COPREDEH to implement provisional measures”. Likewise, the
representatives indicated that although the measures agreed on were never meant to
replace the proceedings with COPREDEH, since they were urgent and strictly
temporary measures, the beneficiaries requested the Court to maintain and formalize
the security provided within the framework of provisional measures. Furthermore, the
representatives indicated that at no time had they requested the State to individualize
the beneficiaries of the measures and they did not know the origin of the State’s
affirmation about the fact that “the beneficiaries require that this is not made public”.
Lastly, the representatives informed that they were not protected by eight agents, as
the State affirmed, but by five: three agents were appointed to Helen Mack and her
family and two agents were for the Foundation.
13.
That regarding the security of Helen Mack and her relatives, the Commission
considered that it is essential that the State completes the adoption of the measures
ordered by the Court (supra Having Seen clause 8). Likewise, as regards the security
measures in favor of the members of the Myrna Mack Foundation, the Commission
urged the State to inform the Court about the reasons for the lack of protection
alleged by the representatives and requested the State to adopt the measures
ordered.