3.
The arguments of the Commission on which its request for provisional measures is
based, namely:
a) “The situation of extreme gravity and urgency required by Article 63(2) of the
American Convention for the Court to order provisional measures has been
verified in this case based on the series of threats, attacks, and accusations
against Mr. Galdámez and his family members and the consistency of acts of
persecution, intimidation, and harassment against him;”
b) The acts of harassment that Mr. Galdámez and his family members have been
subjected to - presumably in retaliation for his work as a journalist and his critical
views of the current government - are extremely grave. During the period when
the precautionary measures granted by the Commission have been in force, and
in spite of those measures, the proposed beneficiary and his family have
continued to be subjected to harassment and threats that were carried out in
September of 2010 when some of the proposed beneficiaries were attacked with a
firearm. The harassment and threats have increased in recent months.
Furthermore, a situation of extreme gravity has been established given: i) the
context of intimidation, threats, and persecution of journalists who have criticized
the government since the coup d’état in Honduras; ii) several of the acts of
harassment and threats described by the representatives show that their
perpetrators have knowledge of the locations of Mr. Galdámez’s home and work
and follow and monitor his and his children's activities; iii) the attack on Mr.
Galdámez and his son with a firearm reflects a grave threat to “his life, personal
integrity, and freedom of expression, not only because of the attack in itself, [...]
but also because of the intimidating messages that he has repeatedly received;”
and iv) there is a lack of information regarding the investigations into the events
that gave rise to the precautionary measures;
c) The nature of the rights threatened - that is, the right to life and personal
integrity of all of the proposed beneficiaries and the right to freedom of
expression of journalist Galdámez, along with his ability to continue his work in
journalism - constitute the irreparability of consequences that this request for
provisional measures seeks to avoid;
d) The facts presented suggest that the risk of damage to the detriment of the
proposed beneficiaries is imminent. The State has not adopted the measures
necessary to protect the life and personal integrity of Mr. Galdámez and his
family, nor to protect Mr. Galdámez’ freedom of expression. The State has been
aware of the events that led to the broadening of the precautionary measures in
favor of Mr. Galdámez since at least July of 2009. The threats and harassment
have been reported to the State, and at least one incident has been reported to
the Public Prosecutor's Office (supra Having Seen 2.f.ii). Nevertheless, there is no
information on any cases undertaken to clear up the events reported. This may
result in the repetition and intensification of the threats. The continuation of the
threats allows for the assumption that the precautionary measures ordered by the
Commission have not had any effect even though the State reported that an
agreed-upon system of protection for the beneficiary had been set up. Apparently,
the factors of risk which gave rise to the precautionary measures have not been
neutralized, presumably resulting in an aggravation of the proposed beneficiaries’
situation of risk.
4