14
46.
That it is essential that the provisional measures are maintained in full force
and effect until the Court orders their discontinuance and serves notice thereof upon
the State.31
47.
That, in accordance with the Orders issued by the Court between 1998 and
2005 (supra Having Seen clause No. 8), the State is under the obligation to adopt such
measures of protection as may be necessary to protect the life and safety of Santiago
Cabrera-López, Alfonso Cabrera-Viagres, Maria Victoria López, Blanca Cabrera,
Carmenlinda Cabrera, Teresa Aguilar-Cabrera, Olga Maldonado, Carlos Alfonso
Cabrera, José León Bámaca-Hernández, Egidia Gebia Bámaca-Velásquez, Josefina
Bámaca-Velásquez, Alberta Velásquez, Rudy López-Velásquez and all other members
of the Bámaca-Velásquez family who are permanently residing in Guatemala, Emerita
Mendoza, Wendy Pérez-Álvarez, Sulni Madeli Pérez-Álvarez, José Oswaldo PérezÁlvarez, Jacobo Álvarez, José Pioquinto Álvarez, Alez Javier Alvarez, Germán Aníbal de
la Roca-Mendoza, Kevin Otoniel de la Roca-Mendoza, Blanca Noelia Meléndez, Aron
Álvarez-Mendoza and his family and all other members of Mr. Otoniel de la RocaMendoza’s family who are permanently residing in Guatemala.
48.
That the Court considers that the hearing held to consider the current status of
the provisional measures ordered in the instant case has been very useful.
*
*
*
49.
As regards the implementation of the provisional measures, the State informed
the Court that:
a) Santiago Cabrera, Alonso Cabrera-Viagres, María Victoria López, Blanca
Cabrera, Carmenlinda Cabrera, Teresa Aguilar-Cabrera, Olga Maldonado and
Carlos Alfonso Cabrera “are protected by police escort and perimeter security
services through regular patrolling of Mr. Cabrera-López’s workplace in the city
of Quetzaltenango
b) according to the information provided by National Civil Police Station 41,
located in the Department of Quetzaltenango, “to this date, personal protection
has been provided to Mr. Cabrera López by two police officers of the Substation
of the Concepción Chiquirichapa Municipality” and “the services are provided
under a 5 x 5 day plan from 8 to 10 p.m.;”
c) “unfortunately, the implementation of the provisional measures for the benefit
of Efraín Bámaca-Velásquez’s family was at a standstill because they still
maintain their anonymity, i.e., their whereabouts or location was unknown
given that they had stated that they did not want the measures of protection
that the State could provide;”
d) on February 22, 2008, an attempt was made to “interview and determine the
protection needs of Aníbal de la Roca and Blanca Meléndez, but it was
unsuccessful.” In addition, Emerita Mendoza, Aracelly Álvarez and Aron Álvarez
were informed of the adoption of provisional measures to protect their lives and
31
Cf. Matter of Liliana Ortega et al. Provisional Measures regarding Venezuela. Order of the Court of
March 1, 2005; Considering clause No. 10; Matter of Yare I and Yare II Capital Region Penitentiary Center.
Provisional Measures regarding Venezuela. Order of the Court of November 30, 2007, Considering clause No.
17; Case of Caballero-Delgado and Santana v. Colombia. Provisional Measures regarding Colombia. Order of
the Court of February 6, 2008, Considering clause No. 6.