to obtain [these items] because, owing to the shift system, the Ministry of the Interior considers
that they work around 14 or 15 of the 30 days, [so that] it does not provide those
mechanisms.” In addition, it insisted that the decrease in the number of agents had been
notified to the FAFG Director on February 17, 2009.
13.
Regarding the information on the risk assessment submitted by the State, during the
public hearing, the representatives indicated that it focuses “a great deal on the issue of the
family,” but “there is no real assessment of the work being done by the Foundation, [… or] a
comparison […] between the work being carried out and the increase in the threats”; in other
words, an assessment of “who [the] exhumations may be making nervous.” Subsequently, they
indicated that, starting in October 2009, members of the National Civil Police had come to Fredy
Peccerelli’s house and the FAFG offices to make a risk assessment, but each time “the agents
were unaware of the reason for or the incidents that had led to the said assessment”; that
“[w]hen these agents arrived to make the assessment, they did not have the complaints
concerning the incidents, which [were] provided by the beneficiaries”; that the said police
agents merely asked a few questions about “the situation of the beneficiaries,” and never
inspected the Foundation’s premises or the beneficiaries’ homes. In addition, the
representatives indicated that they had not received the three reports prepared as a result of
these assessments and were unaware of the respective conclusions.
14.
Prior to the public hearing, the Commission stated that it “did not have any indication
that [the beneficiaries had] agree[d] to the measure to [decrease the protection].” In addition,
taking into consideration the substantial reduction in protection and the reactivation of the
threats, it indicated that “the measures of protection [had] not been entirely sufficient or
efficient, which kept the beneficiaries in a situation of extreme gravity [and] urgency.” The
Commission asked the Court to urge the State to “proceed immediately to provide the security
agents necessary to guarantee the life and physical integrity of the beneficiaries, and to design
a comprehensive protection plan, establishing who will be in charge of coordinating and
executing it.” In its observations of August 27, 2010, the Commission indicated that it
considered that the information provided by the State as to why it had reduced the protection of
the beneficiaries was insufficient, and did not respond to the concerns expressed by the
beneficiaries. It also reiterated “the need to have adequate information regarding the measures
the State is taking to ensure that the protection measures required in the orders of the Court
are planned and implemented with the participation of the beneficiaries of the measures or their
representatives.”
15.
During the public hearing the Commission indicated that the reduction in the security
personnel responsible for the protection of the beneficiaries in this matter “has somewhat
denatured the purpose of the provisional measures,” insofar as “it has been necessary to decide
who will be protected.” It stated that the protection “should not exclude anyone,” but rather
there should be effective protection for both the members of the Foundation and its director and
his family. The Commission indicated that, although the State had undertaken to advise the
FAFG of any change or transfer of the agents, “this did not occur, and [its] protection was
decreased substantially.” Furthermore, in its observations of February 2011, the Commission
insisted that Guatemala must guarantee the safety of all the beneficiaries. Regarding the
scarcity of resources as a reason for the reduction of personnel, it considered that this was also
revealed by the fact that the beneficiaries had to supply accommodation, food and travel
expenses for the agents who were providing them with security, and asked the State to provide
more information in this regard. In relation to the risk assessments, it added that the risk factor
or the elements that the State had taken into consideration to establish whether the risk was
increasing or decreasing at certain times was unknown. In this regard, it indicated that, at
certain times, the Foundation’s work “is more visible,” depending on the type of case it is
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