about the difficulties that they may come across in the implementation of the measures and
possible solutions thereto is essential. According to the Commission, the information
presented by the State is not enough to assess whether the measures of protection granted
in favor of the beneficiary have been effective, in particular in relation to the protection
granted outside the city of Caracas.
11.
Regarding the discontent expressed by the representatives and the Commission at
the manner in which the measures have been implemented, the State indicated that “the
courts of the Republic have the executive authority to order the police bodies to provide
protection to a particular citizen, as has been provided for the beneficiaries of the
measures” and that “from the information presented by the beneficiary, it would not appear
that the beneficiary had asked the court for a broadening of the territory within which
protection is granted.” Finally, it argued that the beneficiary had not expressed interest in
improvements to the protection she receives, nor had she presented the information
necessary to improve the protection provided by security forces.
b) Information on possible acts of harassment
12.
The representatives reported that Ms. Guerrero Galluci and another person were
accused in a criminal proceeding brought before the 6th Prosecutor’s Office of the Judicial
District of the State of Guárico of committing the crime of aggravated theft. In that case,
the Third Control Tribunal of the State of Guárico de Valle de la Pascua issued arrest
warrants for both accused individuals on August 24, 2007. According to the State, two days
later, Mrs. Maria del Rosario Guerrero Galluci appeared before the court, which granted
provisional release instead of deprivation of liberty. In addition, it indicated that “the arrest
warrant [was] issued in full compliance with the law and [did] not constitute in any way an
act of harassment.” The representatives pointed out that the criminal investigation “was
declared null and void due to defects of unconstitutionality” and they sustained that “the
arrest warrant issued by the trial court is an act of harassment […] that w[ould]
psychologically affect the beneficiary and w[ould] put her at risk”. Moreover, they stated
that according to the terms of the conditional release, Mrs. Guerrero-Galluci has to appear
before the Office of the Bailiff of the Judicial Circuit every 10 days; to do so, the beneficiary
must travel through the state of Guárico, “where she no longer lives due to security issues
[…] and where she has continu[ed] to be threatened publically by the Governor of the State
during his weekly radio show.”
13.
Elsewhere, the State addressed the criminal proceeding in which Ms. Maria del
Rosario Guerrero Galluci is supposedly to appear as a witness for a journalist who has been
accused of the alleged crime of false accusation. The proceeding is in the investigative
phase. Regarding this, the State argued that due to the nature of the case and the time that
had elapsed since the filing of the accusation, Mrs. Guerrero Galluci would not be at risk
since "to date, she [has] not received any kind of threat." For its part, the Commission
argued that it should be taken into account that said case is in the investigative phase.
c) Information on the investigation of the facts
14.
The State presented information regarding two ongoing criminal proceedings. First, it
addressed the investigation related to the facts that gave rise to the adoption of the instant
provisional measures, that is, the criminal investigation before the First Instance Trial Court
of the Criminal Judicial Circuit of the State of Guárico against two officials with the Guárico
State Police for the alleged commission of the crime of attempted murder and conspiracy to
the detriment of Maria del Rosario Guerrero Galluci and another person. The 11th
Prosecutor's Office of the State of Guárico and the 62nd Plenipotentiary Prosecutor's Office
5