c) The representatives of the beneficiaries continue to report certain shortcomings in
the execution of the measures of protection; therefore, the Commission is awaiting
information on the implementation of the new provisional measures, such as the
construction of a police post, the payment of the expenses of food for the police
agents, and the date of a new monitoring meeting.
8.
The Court appreciates the State’s willingness to implement the measures ordered by
the Court and to correct the shortcomings in their implementation indicated by the
representatives (supra sixth considering paragraph). In relation to the specific protection
measures concerning which the parties disagree as regards compliance: in other words, the
irregularity in the escort of the beneficiaries, and possible delays in the investigation of the
threats, the Court emphasizes the need to ensure the active participation of the State and
the representatives to achieve the effective implementation of the measures; consequently,
it is essential that the representatives and beneficiaries collaborate with the authorities, for
example, by filing the corresponding complaints. In addition, the State must ensure the
necessary conditions to comply with its express commitment to provide the protection
measures agreed between the parties and to correct immediately the shortcomings that the
State itself recognizes.5
b)
Information regarding the situation of risk of the beneficiaries
9.
The representatives indicated that, since the provisional measures were granted,
new incidents have taken place that have affected the beneficiaries’ safety, namely:
a) Towards the end of February 2011, Mr. Galdámez saw a vehicle that was following
him when he was going to his place of work. When he arrived, the vehicle parked;
the beneficiary therefore called the police, which sent four agents to investigate the
incident. The police agents told Mr. Galdámez that the occupants of the car were
members of the National Criminal Investigation Directorate (DNIC); nevertheless,
they did not explain why these people were following him or what they were
investigating;
b) On April 15, 2011, several unknown persons fired shots at the wall of Mr. Galdámez’s
house and then fled. This occurred in the presence of the police agent who was
watching the house;
c) On April 18, 2011, unknown persons fired shots at the third floor of the beneficiary’s
house, breaking the window. The Commander of the San Miguel Police Station was
called immediately. To date there is no information on any progress in the
investigation of this incident;
d) On May 26, 2011 the police agent who was watching the beneficiary’s home advised
him that, on the same day at approximately 2 p.m., four heavily armed individuals
had arrived, pounded on the gate and asked for him, indicating that they were from
the National Criminal Investigation Directorate. As a result of steps taken by the
beneficiary himself, the DNIC spokesperson told him that no one from that entity
was looking for him;
5
Cf. Matter of Fernández Ortega et al. Provisional measures with regard to Mexico. Order of the InterAmerican Court of Human Rights of February 20, 2012, ninth considering paragraph, and Matter of Gladys Lanza
Ochoa. Provisional measures with regard to Honduras. Order of the Inter-American Court of Human Rights of June
28, 2012, fourteenth considering paragraph.
4