19.
The State reported that on August 20 and September 24, 2010, meetings were
held with Mr. José Luis Galdámez Álvarez in order to reach an agreement on the
precautionary measures and their corresponding implementation. It indicated that the
beneficiary attended each of the aforementioned meetings accompanied by attorneys
from different organizations for the promotion of human rights, a situation that,
according to the State, was a bit “confusing,” as even to this day they do not know who
the true representatives of the beneficiary are. It argued that this ambiguity makes the
police work difficult because they do not know who should be contacted to carry out the
monitoring (supra Having Seen 6(a and b)). Nevertheless, the State indicated that it
reached an agreement with Mr. Galdámez Álvarez to provide vehicular or motorized
escorts to his work and home, as well as telephonic communication with a link to the
police, placing it on the record that the beneficiary must use the telephone
communication link to provide his work address and/or residency and the schedule of
his activities. According to the State, that information has not been provided by the
beneficiary. The State also highlighted that “the Security Secretariat, conscious of the
Commission's mandate […] and of the commitment to the beneficiary, as well as of the
imminent risk to life and physical integrity faced by the beneficiary and his immediate
family,” agreed to expand daily escorts to cover his children and wife. Likewise, it
indicated that in order for the results to be effective, a log was prepared for monitoring
visits and new activities, which, according to the State, the possibly beneficiaries have
refused to sign until personal security is provided in the form of a permanent police
detail, statements that the State finds inconsistent by virtue of the fact that the
beneficiary himself rejected permanent police bodyguards, one of the forms in which the
National Police provide this kind of protection (supra Having Seen 6(c)).
20.
From the information provided by the parties, this Tribunal observes that from
July 24, 2009, the date on which the Commission adopted the precautionary measures
to the benefit of Mr. José Luis Galdámez Álvarez, until August 20, 2010, the date on
which Honduras indicated that it held one of the meetings toward agreeing on the
precautionary measures with the beneficiary, the State did not launch any action to
protect Mr. José Luis Galdámez Álvarez and his immediate family. The Court highlighted
that since the adoption of the protective measures granted by the Commission, the
beneficiary and some members of his family have been threatened, intimidated, and
attacked with firearms.
21.
The Court takes into account that the State has reported that it has adopted
measures to protect the life and integrity of Mr. Galdámez Álvarez, his companion, and
his children. However, the Court finds that the State's pleadings to the effect that Mr.
Galdámez Álvarez has attended the meetings to reach an agreement on his protective
measures with different representatives, thereby confusing the State with regard to who
they should contact to implement them, is out of line, as the measures have been
ordered to the benefit of the journalist and his immediate family. The State itself has
indicated that Mr. Galdámez Álvarez has been present at the aforementioned meetings.
Likewise, the fact that Mr. Galdámez Álvarez has apparently not provided all the
information requested for the implementation of the protective measures and has not
adequately cooperated with the State in that regard does not exempt the State from its
obligation to protect Mr. Galdámez Álvarez and his family under the terms of Article
1(1) of the American Convention, which sets forth the general obligations of States
Parties to respect the rights and liberties enshrined in the Convention and to guarantee
the free and full exercise of these rights for all individuals subject to their jurisdiction.
The State has recognized the "imminent risk to his life and physical integrity and that of
his immediate family.” All told, it is not clear from the information presented by the