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(a)
On November 24, 2006, the Ministry of Governance, the National Civil
Police (hereinafter “PNC”) and the Presidential Human Rights Commission
(hereinafter “COPREDEH”) “coordinated preventive actions for the protection
of the human rights [of the members] of the civil organization” the
Community Studies and Psychosocial Action Team (hereinafter “ECAP”);
(b)
It conducted the initial coordinated actions in December 2006, with
Police Stations 71 in the Department of Quiché, 73 in the Department of
Chimaltenango, and 52 in the Department of Baja Verapaz. This deployment
of PNC elements was not completely effective because, even though the
intention was to protect members of ECAP in different departments of the
country, it was found that most of them did their fieldwork in other regions of
the country, and many of them live in Guatemala City;
(c)
On February 7, 2007, the State re-established coordinated actions,
implementing the following measures of protection: expansion of the
permanent measures of protection at ECAP headquarters in Guatemala City;
reinforcement of the protection of ECAP in Rabinal (Baja Verapaz);
establishment of a liaison between the PNC Public Security Technical
Secretariat and ECAP, to be used when the latter’s personnel traveled to the
different communities. To this end, it has been established that personnel will
be accompanied by road patrols and/or the presence of local police during
their activities;
(d)
The facts reported by Bonifacio Osorio Ixtapá are being investigated by
the Office of the Salamá District Prosecutor, Department of Baja Verapaz. The
file has been transferred to the Human Rights Prosecutor of the Attorney
General’s Office in Guatemala City. The file is currently at the investigation
stage.
(e)
The protection mechanism suggested by ECAP did not include specific
security and/or protection for Nieves Gómez Dupuis, Bonifacio Osorio Ixtapá
and Judith Erazo, because the beneficiaries have rejected it for the moment.
The State also indicated that “it has learned that Bonifacio Osorio Ixtapá is no
longer a member of ECAP.”
3.
The note of the Secretariat of the Court (hereinafter “the Secretariat”) of
March 8, 2007, in which, on the instruction of the President of the Court, it requested
the representative of the beneficiaries of the provisional measures (hereinafter “the
representative”) and the Inter-American Commission on Human Rights (hereinafter
“the Commission” or ‘‘the Inter-American Commission”) to comment on the situation
described by the State with regard to Nieves Gómez Dupuis, Judith Erazo and
Bonifacio Osorio Ixtapá (supra Having seen paragraph 2(e)), and the communication
of the Secretariat of April 25, 2007, reiterating is content.
4.
The observations of the representative submitted on February 6, April 16 and
26, and September 4, 2007, in which, inter alia, he stated that:
(a)
On November 24, 2006, the manner in which protection would be
provided to the members of ECAP was established jointly with COPREDEH and
the Ministry of Governance. On February 5, 2007, a meeting was held with
the Public Security Executive Secretariat, during which information was
provided on the implementation of the agreements reached on November 24,
and comments were made on their implementation;
(b)
Renewed acts of intimidation and threat against the organization and
its members occurred on January 10, 19 and 29, 2007, by means of e-mails
addressed to them, as well as to the addresses of other organizations and
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