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safety; however, “they said that some of their relatives had chosen to leave the
country.” Reportedly, those relatives were: José Álvarez, Linda Álvarez, Erlinda
Álvarez, Wendy and Sulni Pérez-Álvarez. Furthermore, the State reported that
de la Roca Mendoza family “have stated that they wish no police escort
whatsoever,” and
e) “the representatives of the petitioners will arrange a meeting to define, on a
separate and individual basis, the way in which the measures will be
implemented and who will act as interlocutor(s) with the State, focusing on
building trust and creating communication channels for each of the three family
groups.”
50.
That the State requested the Court to disregard the petition to lift the measures
filed on February 29, 2008 given that the investigation in this case has been reopened.
As regards the coordination of the measures ordered for the benefit of the families of
Messrs. Bámaca-Velásquez, Otoniel de la Roca and Santiago Cabrera, Guatemala
informed the Court that it will work in coordination with Jennifer Harbury and the
representatives, with Mr. Otoniel de la Roca’s son, Kevin Otoniel, and with Mr. Cabrera
himself, respectively.
51.
That the representatives expressed their gratitude to the State for having
withdrawn its request to lift the measures and requested that the same be maintained
given that they believed “that the investigation will pose a risk to the beneficiaries of
these measures, who are witnesses in the investigation or relatives that are pushing
the investigation forward.” Jennifer Harbury made reference to “the upsurge in
violence and constant reprisals against all the witnesses and other people involved in
this case as well as their next of kin,” and described the case of Otoniel de la Roca and
his next of kin as “especially appalling” given that “four of his cousins had been
violently murdered” since this Court’s Judgment was entered in 2000. In addition, the
representatives stated that, with respect to the measures related to the sisters of Mr.
Bámaca-Velásquez specifically, their implementation should be coordinated through
Mrs. Harbury or the CEJIL. Furthermore, they requested that the State be required to
provide information regarding the investigations that gave rise to the provisional
measures and, in particular, in relation to the death of Mr. Otoniel de la Roca’s
relatives.
52.
That the Commission valued the existence of “an action plan regarding the
implementation of the provisional measures [...] that the action plan has been devised
taking into account the circumstances of the beneficiaries of the provisional measures”
and stated that it is expecting the information to be provided by the State concerning
these matters.
53.
That the Court notes that, since the last Order of Provisional Measures rendered
in the instant case on March 11, 2005, no more threats have been made against Mr.
Cabrera and his family or against the Bámaca-Velásquez family. The parties have not
provided new information in that connection at the private hearing. However, the Court
takes note of the State’s withdrawal of the request to lift the measures and takes into
consideration the comments of the parties concerning the alleged reopening of the
investigation into the facts of the case, which may pose new risks and, therefore,
would warrant the maintenance of these measures. Based on the foregoing, the Court
deems it appropriate to maintain the provisional measures in favor of Santiago Cabrera
and his next of kin as well as of the Bámaca-Velásquez family.