turn, the burden of proof and argument of the beneficiaries and of the Inter-American
Commission will increase as time goes by without any new threats. Evidently, the fact that
no new threats occur may be due precisely to the effectiveness of the protection provided or
to the deterrent effect of the Court’s Order. Nevertheless, the Court has considered that the
passage of a reasonable period of time without threats or intimidation, added to the
absence of an imminent risk, may lead to the lifting of the provisional measures.10
25.
The Court must also take into account that, according to the Preamble of the
American Convention, the international protection in the form of a convention “reinforce[s]
or complement[s] the protection provided by the domestic law of the American States".
Therefore, if it is proved that the State in question has developed effective protection
mechanisms or measures for the beneficiaries of the provisional measures, the Court could
decide to lift the provisional measures, delegating the protection obligation to the entity that
bears the main responsibility: namely, the State.11 If the Court lifts the provisional
measures for this reason, under its obligation to ensure human rights, the State would have
to maintain the protective measures it has adopted and that the Court found effective for as
long as the circumstances warranted.12
26.
From the information provided by the parties, the Court observes that, despite the
measures ordered since the adoption of the Order of July 6, 2009, there have been reports
of some incidents of intimidation, threats and acts of violence against some of the
beneficiaries. Consequently, the Court reiterates that the State must provide the
beneficiaries with the protection necessary to ensure their personal integrity, in accordance
with the requirements under these provisional measures and as agreed with the
beneficiaries. The State has advised that it has opened preliminary inquiries into some of
the complaints made at the domestic level; thus, proceedings have been opened to
investigate them.
27.
Regarding the Carpio Fischer family, several incidents occurred in 2004, 2009 and
2010 against Karen Fischer and her security agents. These incidents are being investigated
although, to date, they have not been elucidated. In addition, this Court notes that,
regarding Daniela and Rodrigo Carpio Fischer, no incident has been reported since this
Court ordered that they become beneficiaries of these provisional measures in the Order of
the Court of July 8, 2004. Regarding the last incident reported by Mrs. Fischer, according to
whom some officials had asked for her papers and had indicated that they would take her to
the “bodeguita,” the Court does not have sufficient evidence to consider that this was a
threat associated with a situation of extreme gravity and urgency.
28.
With regard to Abraham Mendez, his wife and children, the Court observes that acts
of intimidation were recorded in 2004 and 2011. Consequently, twice, in August and
September 2012, Mr. Méndez was asked to provide more details as to whether maintaining
the provisional measures ordered in his favor was justified. When responding to this
request, Mr. Méndez indicated that threats and acts of intimidation had occurred in 2010,
10
Cf. Matter of Gallardo Rodríguez. Provisional measures with regard to Mexico. Order of the Inter-American
Court of Human Rights of July 11, 2007, eleventh considering paragraph, and Matter of Ramírez Hinostroza et al.,
Provisional measures with regard to Peru, twentieth considering paragraph.
11
Cf. Matter of Luis Uzcátegui. Provisional measures with regard to Venezuela. Order of the Inter-American
Court of Human Rights of February 20, 20073 thirteenth considering paragraph, and Matter of Ramírez Hinostroza
et al., Provisional measures with regard to Peru, twenty-first considering paragraph.
12
Cf. Matter of Ramírez Hinostroza et al. Provisional measures with regard to Peru, twenty-first considering
paragraph.
10