5
respective local police departments so that they provide security during the exhumation
process.”
13.
The Inter-American Commission did not make any observations on this point.
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14.
Regarding the State’s obligation to inform the Court as to its investigation into the facts
underlying the adoption of the present provisional measures (Operative Paragraph 3 of the
Order of January 26, 2009; supra Having Seen 2), the State indicated that “there have been
difficulties in determining the origin” of the threats aimed at members of the FAFG because of
the “technical means utilized in their commission,” and that all “appropriate means of clarifying
the facts” have been exhausted. In this regard, the State has given an account in its briefs of a
series of actions and activities carried out in relation to the alleged threats received during 2008
and 2009. In its briefs of June 1, 2009; December 11, 2009; and March 26, 2010, the State
referred to actions conducted in order to investigate the threats received by Mr. Fredy Peccerelli
in January 2009. According to the information proffered by the State, this investigation linked
Mr. Gianni Peccerelli, Fredy Peccerelli’s brother, to the threats and he was called to give a
statement on the matter. The State also referred to the representatives’ request to have access
to progress in the conduct of the investigations.
15.
Concerning the aforementioned actions and activities on the part of the State, the
representatives indicated that “it would appear to be the case that [the State] hopes to name
Mr. Gianni Peccerelli as the one responsible for all the threats received over the past seven
years without there being more evidence at present to confirm this besides the material
contained on [one] video.” They later added that Mr. Gianni Peccerelli made a statement before
a competent tribunal on May 17, 2010 and that this court “totally ruled him out from the
process” in concluding that the Public Prosecutor’s information did not constitute any proof that
he was responsible for the threats. The representatives also noted that after more than seven
years of reporting these threats “at present, there must be in existence some analysis to
establish the threat patterns and their provenance relating to the political context of each at the
time the threats were made[; also that] the threats mainly show an attack aimed at the
organization’s work.” The representatives referred to the lack of information from the Public
Prosecutor on advances in the investigation, particularly with respect to the complaint filed on
April 14, 2010 on the events of the previous day (infra paras. 20-21). They added that the
State “by way of its criminal justice system has not demonstrated its compliance in conducting
a serious, efficient, and effective investigation capable of drawing specific conclusions.”
16.
For its part, the Commission noted that “the State has not presented detailed, specific
information capable of showing that it is complying with its obligation to investigate the facts
giving rise to these provisional measures as well as those facts that continue to emerge.” The
Commission remarked that “it is necessary to establish a clear and coherent investigative line of
inquiry regarding the facts and corresponding liability, and the interest parties should have
access to it.”
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17.
In relation to the obligation to take the necessary steps to ensure that the protective
measures are planned and implemented with the participation of the beneficiaries or their
representatives and, in general, to keep them informed of progress in their implementation