4
from her work-place. At the public hearing, the representatives informed that as
recently as December 2009, a person was assigned to Mr. Adrián Meléndez Quijano
for his protection. Also, they informed that “[t]he last intimidating act was carried
out on January 24 [2010], [and that] it had not been denounced due to the short
notice of time.” This involved the fact that the daughter of Mr. Meléndez Quijano
received an anonymous telephone call. The representatives added that the State has
not advanced in the investigation of the latest facts of threats and intimidations,
which occurred in the year 2009.
10.
That likewise, the representatives recognized the agreements established with
the State during the month of November 2009 regarding the granting of permanent
protection to the family; nevertheless, such actions have been affected by the lack of
funds and resources for said program. In this respect, the beneficiary Adrián
Meléndez Quijano and his representatives provided, during the public hearing, that
the State has implemented some partial measures, which have not been sufficient or
efficient and the risk remains latent. The beneficiaries have had to defray the
expenses of the logistics of the security personnel.
11.
That the representatives indicated that a present risk continued in the case of
the representatives of the beneficiaries, for which they requested the continuation of
the assignation of security personnel for Mr. Benjamín Cuéllar Martínez and Henry
Paúl Fino Solórzano, contrary to that which had been manifested in the previous
briefs regarding the possibility of raising the measures.
12.
The Commission observed that there has been an advance regarding the
coordination between the State and the beneficiaries. Nevertheless, the Commission
warned that three years have passed since the adoption of the provisional measures,
and the beneficiaries indicated that they do not have sufficient protection. The
Commission considered that the situation has been aggravated due to the fact that
certain beneficiaries had been subjected to threats and followings during the last few
months and that those under age did not receive any protection. Also, the
Commission found it imperative that the State continues informing it regarding the
investigations derived from the denounced threats. At the public hearing, the
Commission manifested that the obligation to adopt necessary measures in order to
protect the beneficiaries falls on the State and that it is unacceptable that the
beneficiaries have had to cover the costs of the only agent offered of those that were
assigned for their protection. Finally, the Commission took note of the advances in
the process of implementation of the measures.
13.
That the Tribunal finds it timely to reiterate that provisional measures have
an exceptional character, and are ordered having regard to the basic need of
protection and, once ordered, must be maintained as long as the Court considers
that the basic requirements of extreme gravity and urgency and the prevention of
irreparable damage to the rights of the persons protected by them subsist.4
4
Case of the Constitutional Court. Provisional Measures regarding Peru. Order of the Court of
March 14, 2001, considering third; Case of Integrantes del Equipo de Estudios Comunitarios y Acción
Psicosocial (ECAP). Plan de Sánchez Massacre. Provisional Measures regarding Guatemala. Order of the
Court of July 8, 2009, considering eighteenth and Case of Mack Chang et al. Provisional Measures
regarding Guatemala. Order of the Court of November 16, 2009, considering eighteenth.