3
their places of work and personal bodyguards in their daily movements between their
homes and their places of work. It indicated that the personal bodyguard service had not
extended to their homes nor to their places of work and that it was not given on the
weekends. In regards to Mrs. Mariela de Giraldo and her daughters, it reported that on last
November 12, “it tried to locate the woman...but it was impossible since she had moved
from her home, not knowing to this moment her whereabouts.” It stated that on November
8, 1996, Mrs. Mariela stated her wish not to utilize the protection service, since she
considered that neither she nor her daughters were under any risk.
Finally, the
Government petitioned the Court to hold a public hearing so that the State, the
Commission, and the petitioners could express their points of view on the advances made in
this matter.
7.
The brief of January 15, 1997 of the Commission’s observations to the second report
of the Government, in which it communicated that it “had received information that
indicated that the situation of risk and danger continued for the persons that should be
protected.”
It indicated that Sister Noemy Palencia had told of being followed and
suspicious surveillance. Similarly it added that:
[f]or the persons related to the Meta Committee of Human Rights and with its member Josué
Giraldo Cardona, there continues to exist a situation of “extreme gravity and urgency.” The
provisional measures dictated by the President should be ratified by the full Court and should
apply in their entirety, including an effective control by the Colombian State on the institutions
against which there is proof of participation in the harassment of the members of the Meta
Committee of Human Rights[.]
It also expressed that:
The Commission, adheres to the petition of the Government requesting the Court to convoke a
public hearing to discuss the implementation of the [measures].
In the same communication, the Commission argued that in this case “there are indications
that show that agents of the security forces of the Colombian Government were involved in
the death of Josué Giraldo and in the persecution of the Meta Committee of Human Rights”
and that it considered that “it is reasonable to exhort the Government to avoid naming
agents from the same organs to provide personal armed protection to the persons protected
by the Order of the President of the Court.”
8.
The third report of the Government of January 20, 1997, in which it stated that it
had not found Mariela Duarte de Giraldo to receive her declaration and that “the reluctance
of the woman [Giraldo] .... has impeded the development of the protection work.” It also
indicated that Sister Noemy Palencia and Islena Rey Rodríguez currently have personal
guards. It explained that Gonzalo Zárate, despite not having returned to Villavicencio, has
been assigned a bodyguard who will begin service as soon as his whereabouts are
discovered. Finally, in regards to the investigation of the murder of Josué Giraldo Cardona,
the Government indicated that it had not produced a decision but that it is moving ahead
with the evidence process that was ordered in December.
CONSIDERING:
1.
That Colombia has been a State Party to the American Convention since July 31,
1973, whose Article 1(1) sets forth the obligation of the States Parties to respect the rights
and freedoms recognized in this treaty and to ensure to all persons subject to their
jurisdiction the free and full exercise of those rights and freedoms. The Government of
Colombia accepted the compulsory jurisdiction of the Court on June 21, 1985.