4
Rosario Guerrero-Gallucci and her family by officials adscribed to the Dirección General
de los Servicios de Inteligencia y Prevención (Intelligence and Prevention Services
Bureau) (hereinafter “DISIP”).
10.
That the representatives reported that the Juzgado Décimo Tercero de Primera
Instancia en Funciones de Control del Circuito Judicial Penal del Área Metropolitana de
Caracas (Caracas Metropolitan Area Criminal Judicial Circuit Court of the First Instance
with Control Functions Number Thirteen) limited displacement of the officials
protecting Ms. María del Rosario Guerrero-Gallucci to the Caracas Metropolitan Area,
for which reason when going to another State the beneficiary would be protected by
guarding officials from the host State. They added that such decision by the
jurisdictional organ turns the situation of Ms. Guerrero-Gallucci more difficult, for it
does not clarify who shall appoint the officials of the State that will host her and it
creates an additional burden, in that a request has to be made and a reply thereto has
to be awaited each time she comes and goes. Therefore, it was requested that
coordination in the implementation of the provisional measures not be left to a local
jurisdictional organ, but rather that the Agencia del Estado para los Derechos Humanos
(Human Rights Agency of the State) be entrusted with the responsibility to mediate
and coordinate planning and implementing the measures, for it is the organ with which
the petitioners are in permanent contact. Likewise, they expressed that the beneficiary
defrays with their own funds part of the upkeep and the transportation costs of the
security officials in charge of protecting them. They consider such outlays must be
allocated as travelling expenses to the officials in charge of protection and must be
defrayed fully by the State. Regarding the above, the Commission considered it
necessary for the State to report on the way how protection to Ms. Guerrero-Gallucci
during her displacements was being implemented and the way how the additional
burden of requesting and waiting for an answer each time she has to come and go is
meant to be removed.
11.
That the State informed that Ms. Guerrero-Gallucci “was restricted from leaving
the Caracas Metropolitan Area with DISIP officials, it being established that in case
said citizen had to go to another State, officials from the host State would be
appointed to provide the required security, in order to avoid incurring in expenses on
account of it.” On such matter, it informed that on June 18, 2007 a meeting was held
at the Oficina de la Agencia del Estado (State Agency Office) headquaters, in which
citizen Guerrero-Gallucci expressed her discontent with the way the measures were
being implemented and that, taking her dissatisfation into account, the situation was
reported to the Public Attorney, so that the necessary action could be taken. Thus, in a
mmeting held on August 13, 2007 with citizen Guerrero-Gallucci, “it was agreed that
for the purpose of affording the protection required by her in other states within the
country, she should inform ahead of time on the possibility of her leaving the Caracas
Metropolitan area, so that coordination could be effected and thus contact be
established with the officials that could eventually guard her. Such information
mechanism would allow that once the first displacements be effected, direct
communication would be created between citizen Guerrero and the officials in charge,
with a view to optimize the protection in point and to keep the Court that is seized with
the matter updated on the situation.” With reference to the alleged expenses the
beneficiary would have disbursed, the State expressed it has been pointed out to the
officials in charge of guarding her that they should not effect expenses beyond their
scope of authority and that “the citizen must coordinate with those in charge of her
protection so that they may make the financial provisions necessary in order to adapt
to the activities normally carried out by the citizen.”
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