7
not provide information supporting the present existence of those events. The State
argued that the Commission cannot show that the protection offered to the beneficiaries
in a repeated fashion by various state agencies has been incapable of meeting the task.
The State has not had the opportunity to put any sort of measures in place given the
beneficiaries’ disinclination to accept them. The State further added that, on the subject
of precautionary measures, the fact that these “must be carried out in cooperation with
the beneficiaries leads to a situation that could be interpreted as a negation of the
State’s own protective measures.” In closing, the State argued that the request for
provisional measures in favor of the members of the CCJ should be rejected.
15.
The communication of the Secretariat of February 1, 2010 whereby, pursuant to
instructions from the Plenary of the Court (hereinafter the “Plenary”), it requested that
the State submit additional information. The Tribunal also requested that the State
submit copies of Decrees No. 2816 and No. 3600, and report on the specific measures
that the Human Rights Protection Program for the Ministry of Justice and the Interior
intended to immediately and effectively provide to the CCJ members. In relation to
Decree No. 3600, which provides a replacement mechanism for the storage of
intelligence files, the Secretariat requested that the State indicate the particulars of this
new storage process. It also requested that the State remit a copy of the DAS
documents dealing with human rights and human rights policy that the State mentioned
in its observations of January 21, 2010. The Secretariat furthermore requested that the
Commission report on the threats and harassment that members of the CCJ have
received over the last six months, specifying the place, date, and documentation
corresponding to each. Likewise, the Commission was to report on specific actions that
it believed the State should employ in providing provisional measures in favor of the CCJ
members.
16.
The State’s brief of March 23, 2010 whereby it submitted the information
solicited by the Court. Therein, the State submitted copies of Decree No. 2818 of
August 22, 2006; Decree No. 3170 of 2007, which amended Decree No. 2816; Public
Law 1288 of March 5, 2009; and, Decree No. 3600 of September 21, 2009, which acts
as a check on Public Law 1288. The State also submitted copies of the relevant DAS
documents on human rights: i) Directive OPLA 022 of December 24, 2009; ii) Directive
OPLA 021 of December 24, 2009; iii) Directive OPLA 013 of May 13, 2009; iv) Directive
OPLA 016 of November 28, 2009; v) Directive OPLA 005 of March 3, 2010 “Application
and Fulfillment Memorandum 07 of December 1, 2009 – Special Prosecutor for the
Defense of Human Rights”; vi) Directive OPLA 025 of September 3, 2009”; and, vii)
Directive OPLA 007 of January 10, 2007.” The State indicated that the DAS’s policy
document concerning human rights (“DAS Human Rights Guide”) will be officially
published on April 14, 2010. Additionally, the State made reference to the following
factors:
a)
In relation to the specific measures that could be provided to the CCJ
members in an immediate and effective fashion, pursuant to Article 24 of Decree
No. 2816 of 2006, such actions would have to take place through an “emergency
procedure.” Decree No. 2816 provides a catalog of measures that are classified
according to the circumstances that characterize the beneficiaries’ particular
situation. The classification follows two orders: i) preventive measures that
include self-protection and self-security, National Police patrols, and instructional
sessions on preventive measures; and ii) protective measures that can be further
divided into hard and soft measures