the Vice Minister for Political Relations of the Ministry of the Interior and delegates of
the National Protection Unit, in order to discuss the situation.”
62.
In its report of May 16, 2011, the Commission noted that “the State has not
provided information on the measures adopted regarding [Mr.] Bautista, despite the
fact that the last risk assessment produced an `extraordinary´ result”. In a report
dated May 31, 2012, the Commission considered that, “even though some beneficiaries
decide to leave the organization, they not only continue to carry out the same
activities –as reported by the representatives- but they may also remain involved in
the investigations and processes for which they allegedly suffered threats and
harassment, and which gave rise and effect to these measures. An example of this is
the information presented in relation to Erik Arellana and his relatives, who allegedly
suffered harassment and were followed until, at least, February of 2012.”
63.
The Court notes that the State reported on the measures of protection adopted
in favor of Mr. Erick Arellana in 2009, without subsequently providing detailed
information on the protection measures in effect. In response to the events of
February 2012, the State merely indicated that Mr. Erick Arellana has provisional
measures. For their part, the representatives have not reported any situations since
that date which would constitute an extreme risk for Mr. Arellana; therefore the Court
considers it appropriate to lift the provisional measures regarding this beneficiary.
64.
Nevertheless, the Court emphasizes that its jurisdiction allows it the possibility
of independently assessing whether a situation of extreme gravity and urgency exists,
regardless of the determinations made by the domestic authorities concerning the
alleged risk suffered by a person. In this regard, given that the last risk assessment
carried out for Erik Arellana in 2008 showed that he faced an “extraordinary risk”, the
Court takes note of the domestic measures of protection adopted by the State and
considers that these should be maintained while the situation of risk identified by the
State persists. The Court will not monitor those actions which the State shall
implement in the context of the principle of good faith and in compliance with its
general international obligations.
3.5.
María Eugenia Cárdenas
65.
In their report of January 9, 2009 the representatives stated that this
beneficiary “is no longer part of [ASFADDES] and they [had] no knowledge of any
situations of risk facing her.” In a report of April 17, 2013, the representatives stated
that “María Eugenia Cárdenas has not had links with ASFADDES for several years.”
66.
The State argued that “the petitioners have not provided up-to-date
information showing an ongoing situation of gravity and urgency regarding […] María
Eugenia Cárdenas.”
67.
The Commission made no comment regarding this beneficiary.
68.
The Court notes that the representatives have not provided any information on
this beneficiary’s risk situation since it requested such information regarding her risk
status and urgent needs through the Order of February 8, 2008. Furthermore, the
Court points out that the representatives expressly stated that they had no knowledge
of any situations of risk to her (supra Considering para. 65). In the absence of
information showing that a situation of extreme gravity and urgency persists, this
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