3
e)
f)
g)
h)
The threats against the members of the Foundation and their next of kin “usually
escalate when their technical work intensifies”;
“From January 2006 to date, Mr. Peccerelli has received three serious threats[.
C]onsidering the FAFG work plan for 2006, it can easily be deduced that the situation
could get even worse”;
Given the characteristics of travel within the State, there is an evident risk of actions
against the members of the Foundation during their displacements, and this must be
eliminated; and
In contexts of aggression and acts of systematic harassment, an efficient and effective
investigation is an essential instrument to ensure the identification and elimination of the
possible danger to those affected.
4.
The request of the Inter-American Commission for the Court, based on Article
63(2) of the American Convention, to require the State:
a)
b)
c)
To adopt, forthwith, all necessary measures to safeguard the life and personal integrity
of the beneficiaries in keeping with the requirements and means described in the
request;
To conduct genuine, complete and prompt investigations into the acts of intimidation
against the members of FAFG and their next of kin; to individualize those responsible
and impose the corresponding sanctions, as a prevention mechanism to avoid a
repetition of the threats or the occurrence of irreparable damage to the beneficiaries;
and
To report as soon as possible on progress in and the results of the investigations
undertaken to identify and punish those responsible for the facts that gave rise to the
request.
5.
The note of the President of the Court (hereinafter “the President”) of April 10,
2006, in which, in consultation with all the members of the Court, he granted the
State until April 17, 2006, to submit its observations on the request for provisional
measures lodged by the Commission (supra Having seen paragraph 1).
6.
The brief of April 17, 2006, in which the State presented the observations
requested by the President of the Court. In this brief, the State indicated that “as a
member of the American Convention on Human Rights, it had complied with and
would comply with the precautionary measures in favor of the anthropologist, Freddy
[sic] Peccerelli, his family, and the other members of the Foundation, in order to
safeguard their right to life and personal integrity and other universal freedoms.” In
addition, it advised that “it ha[d] requested the Attorney General’s Office to take the
necessary measures and steps” to protect the life and integrity of the persons in
favor of whom the provisional measures were requested.
7.
The Order of the President of April 21, 2006, in which he decided:
1)
To require the State to maintain the measures that it had reported had already been
adopted, and also to adopt, forthwith, any complementary measures necessary to
protect the life and integrity […] of the [...] persons [mentioned in the request for
provisional measures (supra Having seen paragraph 2(h) and (i))] and, to this end, it
should take into account the gravity of the situation and the specific circumstances of
the danger[.]
2)
To require the State to investigate the facts that justified the adoption of [the] urgent
measures and, if applicable, identify those responsible and impose the corresponding
sanctions.
3)
To require the State to take all pertinent measures to ensure that the measures of
protection decided in the [...] Order are planned and implemented with the participation
of the beneficiaries or their representatives, so that the said measures are provided
diligently and effectively and, in general, to maintain them informed about progress in
the implementation of the measures.
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