2
two administrative proceedings, and seven proceedings under the military
jurisdiction have been started, all of which have been ordered by the National
Defense Minister.” The many administrative and judicial proceedings referred to
above have caused distress to Major Meléndez and his next of kin. This situation
has “deprived M[ajor] Meléndez-Quijano not o[n]ly of the material resources
which are due to him as a result of his work status as an active-duty officer, but
also of essential time to be devoted to […] his family life.” In addition, Major
Meléndez-Quijano has been recently diagnosed with a clinical condition of
“overstress” at the Mental Health Clinic of the military unit where he has been
assigned. In view of the foregoing, the representatives consider that “the
actions which have been systematically taken against Major Meléndez by the
civilian and military authorities have affected the life and personal integrity of
Major Meléndez;”
b)
the measures to protect the members of the Meléndez-Quijano family
have not been “even partially” adopted, even though the State “has the
immediate responsibility for affording protection to Major Meléndez-Quijano and
his next of kin.” With regard to the protection of Benjamín Cuéllar-Martínez,
José Roberto Burgos-Viale, and Henry Paul Fino-Solórzano, they have been
afforded protection by a personal security guard since the meeting held on
August 27, 2007. Notwithstanding, the security guards assigned to protect the
above-mentioned persons “have not been provided with transport means or
radio communication equipment, nor have they been given food allowances,
which have to be borne by the Human Rights Institute of Central America
University [Instituto de Derechos Humanos de la Universidad Centroamericana,
IDHUCA].” Protection measures “are still a matter over which the State […]
takes unilateral decisions: sometimes alleging reasons relating to its domestic
legal system and others, with the excuse of having limited financial or material
resources;”
c)
“[t]he extreme slowness with which the authorities have acted […]
regarding the adoption of provisional measures, as well as the exclusion of
M[ajor] Meléndez-Quijano’s next of kin from the decision-making process
regarding the design of such measures,” are evident as they “only sent a fax to
IDHUCA containing the proposal on August 20, 2007.” The State agents refused
to give a copy of the environment and risk report through representatives of
the Program for the Protection of Victims and Witnesses, though such report
had been drawn “thanks to the cooperation of the Meléndez family and the
confidence they deposited in the police officers and social workers who
participated in it;” and
d)
the acts which put at risk the beneficiaries’ life and integrity have
persisted. These have been the victims of such acts as verbal threats,
harassment, and pursuits by suspicious vehicles. The threats “have been
compounded by the investigation conducted by Intelligence Officers of the
National Defense Ministry, including the Chief of the II (Intelligence) Unit of the
Joint Staff of the Armed Forces.” The beneficiaries have reported the license
plate numbers to the Office of the Attorney General of the Republic and to the
PNC, but so far no information has been provided in regard thereto. On
September 13, 2007 two police investigators went to the headquarters of
IDHUCA and stated that they had been appointed the day before.
4.
The communication of the Inter-American Commission on Human Rights
received on October 26, 2007, wherein it pointed out, inter alia, that:
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