4
being offered by the elements of said dependency, but manifested their consent so
that it can be provisionally given in the manner offered by the State. In this respect,
they indicated that they had supported a meeting with the representatives of the
National Civil Police and the advisor of the Director, in which it was established a
proposal in order to incorporate personnel that were not police with the trust of Mr.
and Mrs. García Prieto, and training and hiring by the National Civil Police. Regarding
Ms. Matilde Guadalupe Hernández de Espinoza, they signaled that “she did not
accept the measures that had been adopted since the beginning,” and that she is
currently an official of the State and has separated from the Institute of Human
Rights of the Central American University “José Simeón Cañas” (hereinafter
“IDHUCA”) and consequently, of the present case. Also, the representatives
manifested that they passed along the apologies of the State and they will make
them extensive to the García Prieto family.
8.
That the Commission manifested that it valuated the manifestations of good
will made by the State, as well as the rapprochement between the parties. Also, it
reiterated that it was reasonable and necessary to maintain the provisional measures
in virtue of the risk that persists due to the relation that existed between the
investigation and the threats.
9.
That the Tribunal finds it timely to reiterate that provisional measures have
an exceptional character, and are ordered having regard to the basic need of
protection and, once ordered, must be maintained as long as the Court considers
that the basic requirements of extreme gravity and urgency and the prevention of
irreparable damage to the rights of the persons protected by them subsist.4
10.
That due to the information and observations presented by the parties
regarding the actual state of the situation of extreme gravity and urgency, the
Tribunal considers it pertinent to maintain in effect the provisional measures in favor
of Gloria Giralt de García Prieto, José Mauricio García Prieto Hirlemann, María de los
Ángeles García Prieto de Charur, José Benjamín Cuéllar Martínez and Ricardo Alberto
Iglesias Herrera.
11.
That the Court observes that in the manifestations made by the parties, it is
seen that a rapprochements has been carried out as well as a series of proposals in
relation to the form of the provisional measures that must be implemented by the
State in favor of Ms. Gloria Giralt de García Prieto and Mr. José Mauricio García Prieto
Hirlemann. In this sense, the Court finds it pertinent that the State inform in a
periodic, specific, and detailed manner regarding the implementation of the
measures.
Regarding the investigation of the facts that motivated the adoption of the
provisional measures.
12.
That the State provided that it carried out “the investigation of eight
telephone numbers that appeared related with the threats […] without having
4
Case of the Constitutional Court. Provisional Measures regarding Peru. Order of the Court of
March 14, 2001, considering third; Case of Integrantes del Equipo de Estudios Comunitarios y Acción
Psicosocial (ECAP). Plan de Sánchez Massacre. Provisional Measures regarding Guatemala. Order of the
Court of July 8, 2009, considering eighteenth; and Case of Helen Mack Chang et al. Provisional Measures
regarding Guatemala. Order of the Court of November 16, 2009, considering fourteenth.