3
a)
regarding the request for the provisional suspension of all administrative
and judicial steps taken against Major Meléndez-Quijano, it has been included in
the petition filed before the Commission, which is being processed;
b)
“it appreciates that the State has afforded protection measures to
Benjamín Cuellar-Martínez, José Roberto Burgos-Viale, and Henry Paul FinoSolórzano, and takes account of the steps taken in order to afford protection
measures to Major Meléndez-Quijano and his next of kin.” Notwithstanding, the
information “does not show that the protection measures regarding the latter
have been adopted;”
c)
as to the new events involving threats, pursuit by vehicles, and
surveillance of residences and places of work, they “show the persistency of a
situation of extreme gravity and urgency which make it necessary […] that the
State […] implement forthwith the protection measures ordered by the InterAmerican Court;” and
d)
regarding the participation of the beneficiaries in planning and
implementing such measures, it appreciates that the State held a meeting with
the beneficiaries’ representatives and that it later adopted measures in their
behalf, and “expects that it acts in a similar manner when adopting the
measures required by Major Meléndez-Quijano and his next of kin.”
5.
The reports of the State of El Salvador (hereinafter “the State” or “El Salvador”)
received on August 22 and October 23, 2007, wherein it stated, inter alia, that:
a)
regarding the request made by the petitioners so that all administrative
and judicial steps taken against Major Meléndez-Quijano be provisionally
suspended, “it is not possible to admit it, as it is in violation of not o[n]ly [its]
domestic legal provisions, but also of the international legal standards [it] has
adopted.” Furthermore, it “is in violation of the Due Process as a substantive
right and legal procedural principle” and it “opposes the principle of due
diligence;”
b)
the National Civil Police (Policía Nacional Civil, hereinafter “the PNC”) has
taken various steps regarding the adoption of provisional measures and in July
2007 personal protection measures were adopted, according to which a police
member from the Important Persons Protection Division was assigned to the
protection of José Roberto Burgos-Viale and Henry Paul Fino-Solórzano.
Furthermore, it reiterates its commitment to the protection of Benjamín CuéllarMartínez;
c)
the Executive Technical Unit of the Justice Sector, the agency
responsible for implementing the Program for the Protection of Victims and
Witnesses, has designed protection measures for Major Adrián MeléndezQuijano and his next of kin, according to the risk assessment based on the
monitoring of the beneficiaries’ routine and the surveillance of their residence,
within the framework of the Salvadoran legal system and according to the
budgetary appropriation allocated to such Division. Notwithstanding, though the
project was sent to the beneficiaries for their approval on August 20, 2007,
they have not yet submitted their opinion about it, which shows their “lack of
interest” in the matter;
d)
it considers that it can adopt the following measures to comply with the
Order: “[i]mplement fixed or stationary security measures by posting a security
guard per shift, armed with a long weapon at each residence (two in San
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