This “obstructs police work, since it is not clear who the police must communicate
with in order to carry out the monitoring necessary to fulfill the precautionary
measure granted.” For that reason, it asserted that the possible beneficiary had to
clarify this situation;
c) Nevertheless, at the meeting the State agreed to increase the patrols to three
times a day for Mr. Galdámez’s children and partner. These patrols “are being
carried out” and “in order to have an effective result, a logbook was created to
register the visits or any news at Radio Globo” and at the family home. However,
the State indicated that, “unfortunately, the police officers in charge of executing
[the patrols] have experienced difficulties, as the [possible] beneficiary and his
immediate family did [not] want to sign the logbook prepared for that purpose,
saying that they would not sign it until they received complete personal security,
[that is], the assignment of permanent police escort.” The State argued that these
“statements […] are inconsistent, since the [possible] beneficiary rejected the
permanent police escorts” offered by the National Police and requested the
establishment of a budgetary fund for the hiring of private and permanent
security.” Furthermore, it indicated that Mr. Galdámez demanded that the funds
be provided by the Secretariat of State in the Security Office; however, he never
submitted his request to this entity;
d) Mr. Galdámez has shown “reluctance to collaborate with the police officers in
charge of carrying out the patrols, as they have received […] poor treatment” on
his part; and
e) “the Human Rights Unit […] initiated [ex officio] investigations [into the attack
suffered by the possible beneficiary] on September 16, [2010], responding almost
immediately, [and] even putting itself at the disposal of the [possible] beneficiary
and offering him all the necessary collaboration, both for the investigation and for
his personal protection […].” These investigations have been carried out “as a
priority […], to the point that they have almost concluded, arriving at positive
results, such as the identification of the possible suspects and the location of the
vehicle that the suspects used when committing the criminal act […].”
7.
The request for provisional measures was submitted by the Inter-American
Commission while the Court was not in session. In accordance with Article 27(6) of the
Rules of Procedure, under those circumstances the President can order the State to take
the urgent measures necessary to ensure the efficacy of the provisional measures that
the Court may later order during its next period of sessions. Based on this authority,
through the Order of December 22, 2010 (hereinafter “the President’s Order”), the
President decided to:
1.
Require the State to adopt, without delay, effective measures necessary to guarantee
the life and personal integrity of Mr. José Luís Galdámez Álvarez, his partner, Wendy Orellana
Molina, and his children, Pedro Luís, José Luís, Marlon Josué, Ramón Israel, and two other
minor children, all of whom have the last name Galdámez.
2.
Request the State to present, by December 10, 2011, at the latest, a report
regarding the measures adopted in fulfillment of the […] Order, and to request the
representatives of the beneficiaries and the Inter-American Commission on Human Rights to
present their observations on the report within two and four weeks, respectively, as of the
date notice of the State report was served.
6