3
the stay of these people in the offices and of the travel scheduled for the
following day;
c)
the existence of a Judgment delivered by the Court, the arrival of the
Spanish Comisión Rogatoria in Guatemala concerning the Genocide cases and
subsequent determination of responsibilities of the instigators of these events,
and the request for an initial hearing of General Efrain Ríos-Montt in the cases
proceeding before the national courts “all demonstrate that these events of
intimidation and harassment are aimed at silencing the voices of those who now
dare talk and thus stopping the recovery processes under way";
d)
on October 3, 2006, the CALDH reported the threats to the Rabinal
Ministerio Público [Public Prosecutor's Office] and to the Movimiento Nacional de
Derechos Humanos [National Human Rights Movement]; it sent a communiqué
to all social organizations; it submitted the note to the Comisión Presidencial
Coordinadora de la Política del Ejecutivo en Materia de Derechos Humanos
[Presidential Steering Committee for Executive Policy on Human Rights]
(COPREDEH) requesting urgent action towards protecting the members of the
ECAP; on October 4, 2006, it filed a complaint before the Rabinal Procuraduría
de Derechos Humanos [Office of the Prosecutor for Human Rights]; on October
5, 2006, it reported the facts to the Spanish Embassy; and on October 6, 2006,
it reported the events to the High Commissioner for Human Rights in
Guatemala;
e)
the facts presented demonstrate that there is imminent and serious risk
of irreparable harm to the beneficiaries, since the note warns against the
possibility of "a kidnap and something else", which reveals an interest to stop
the processes and the progress made so far, particularly the achievements of
the communities affected by the Plan de Sánchez Massacre, and evidences the
intention that the petitioners become aware that they are being constantly
watched, not only on account of the incident of September 30, 2006, but also
because of the evident knowledge of the actions scheduled for October 2, 2006
by the members of the ECAP, and
f)
it is the State’s responsibility to adopt security measures to protect all
individuals under its jurisdiction; this duty becomes even more evident in
relation to those involved in cases proceeding before the organs of the InterAmerican System for the Protection of Human Rights, such as the Case of Plan
de Sánchez Massacre, which is still in the compliance stage.
5.
Based on Article 63(2) of the American Convention, CALDH requested the Court
to order the State to:
a)
install a permanent post of officers from the Individual Protection
Division 24 hours a day at the ECAP’s offices in Rabinal, Baja Verapaz;
b)
design a patrolling plan covering a number of roads across the
Municipality of Rabinal, where the threatened persons travel and live, in order
to identify the Isuzu vehicle and prevent any of the ECAP members from
suffering “a kidnap and something else”. Such plan should be consulted with
the ECAP and implemented immediately; the activities and their outcomes must
be informed at least every fortnight to the ECAP, the CALDH and the Court, so
as to verify the efficiency of the patrolling tasks;
c)
provide 24-hour, direct contact telephone lines manned by decisionmaking staff from the National Civilian Police and the Prosecutor’s Office of the
Municipalities of Rabinal, San Martín Jilotepeque, Nebaj, Santa Cruz del Quiché,
Comalapa and the Capital City —all areas frequented by ECAP members—,
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