7
presented which threaten her security. Therefore, the document provided by the
representatives, which is the object of a criminal investigation by the Prosecutor
General’s Office of the Nation (FGN), does not demonstrate that Ms. Parra is in real,
actual, and imminent danger.
20.
In regards to the allegations of the representatives at the public hearing about
the supposed recent developments in the investigation of the forced disappearance
of Isidro Caballero Delgado and Maria del Carmen Santana (infra Considering 22),
the State proposed to perform a new study of the level of risk to Ms. Parra, which
will be carried out together with the representatives.
21. The representatives indicated some problems with the implementation of the
protection scheme of Ms. Parra and confirmed that it “has always been in the charge
of […] DAS, by request and insistence of the [beneficiary].” They manifested that if
the provisional measures are rescinded, since the performed internal reports indicate
an ordinary level of risk, the beneficiary would not be able to be included in the
internal protection programs. Similarly, they affirmed that the risk to Ms. Parra
persists as long as she continues demanding the authorities investigate the forced
disappearance of Isidro Caballero Delgado and Maria del Carmen Santana. They
reiterated the possible flaws of the study of the level of risk and degree of threat of
April 24, 2009, signaling that the beneficiary referred to the background of the
present case and its union activities in the interview, but said study did not present
any analysis or foundation in order to conclude that her level of risk derived from her
relation to a union.
22. On the other hand, the representatives indicated that: a) “recently [the
beneficiary] has not been followed, threatened, or received any calls;” b) the last
intimidating fact against her occurred more than five years ago and this was “the
perception that her communications were intercepted,” and c) “before said
occurrence, there was a very concrete fact of a threat and risk, not only to her, but
also to her son, and this was in December 1998, when […] a member of the Police
followed them, their vehicle, and the movements she made.” In the opinion of the
representatives, the present lack of threats and harassments is due to the lack of
motivation in the criminal investigation of the case since 2003. Nevertheless, the
situation of risk for Ms. Parra was seriously reactivated in 2009, given that the
Prosecutor’s Office in charge of said procedure resolved to act in an organized form
with the purpose of moving forward with the investigation, carrying out some
diligences such as measures to locate the military and police that could offer
testimony about the facts and the new testimony given by the beneficiary on
November 11, 2009. Furthermore, the Prosecutor’s Office has tried to implement a
revision process in order to remove the legal obstacles that impede the criminal
proceedings against members of the Army that were identified as participants of the
forced disappearance. In this way, the conduct of the referenced body revealed “a
great number of activities that objectively reflect the interest and the objective
decision, evidently founded and not hypothetical, of a motivation to carry out the
investigation.” Said advances must be accompanied with due protection to those
that participate in the procedures, given that, as has been indicated by the
Prosecutor’s Office in its report of March 5, 2008, among witnesses there is a
persistent fear of giving testimonies.
23. Likewise, the representatives expressed their worry regarding the alleged
illegal activities of the DAS intelligence, alleging that the beneficiary “was monitored