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investigations implemented with the purpose of identifying and prosecuting
those who made them” and has focused its investigation on the threats
against Ms. Rocío Campos; on the other hand it mentioned that the State
has failed to inform about the investigation of the murder of Ms. Elizabeth
Cañas, and affirmed that this death is related to the “threats made against
Rocío Campos.” It finally concluded that, despite the seriousness of the
events and “the imminent risk to the members of ASFADDES, no serious or
effective investigations have been made;”
The Commission requested the Court to have the State:
1.
Inform in detail […] about the arrangements made to carry forward the penal
investigations and disciplinary measures concerning the instances of harassment
denounced during application of the Measures, and the progress made.
2.
Inform in detail on the implementation and status of the proposals made to
carry forward the penal investigations towards the search for Ángel Quintero and Claudia
Monsalve.
In particular, the delivery to the prosecutorial department of
Barrancabermeja and to the Prosecutor, of knowledge about the disappearance;
adequate and sufficient human, technical, logistical, [and] financial resources to ensure
an effective investigation, including the consideration of transferring it to the National
Human Rights Unit of the prosecutorial department.
3.
Take steps for the issue of the disappearance of Ángel Quintero and Claudia
Monsalve and the events at Barrancabermeja to be included into the matters under
consideration by the Special Committee created by the Office of the Vice President of the
Republic.
CONSIDERING:
1.
That Colombia is a State Party to the American Convention on Human Rights
(hereinafter the “American Convention”), whose Article 1(1) establishes the
obligation that the State Parties have to respect the rights and freedoms recognized
in that covenant, and to ensure the free and full exercise thereof to all persons
subject to their jurisdiction, and that, on June 21, 1985, said State recognized the
jurisdiction of this Court in conformity with Article 62 of the Convention.
2.
That Article 63(2) of the American Convention on Human Rights establishes
that “In cases of extreme gravity and urgency, and when necessary to avoid
irreparable damage to persons, the Court” may, at the request of the Commission,
adopt “such provisional measures as it deems pertinent in matters” not yet
submitted to its knowledge.
3.
That in relationship to this subject matter Article 25(1) of the Rules of
Procedure establishes that
“At any stage of the proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons, the Court may, at the request
of a party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.
4.
That, as established by the President of the Court in Considering N° 8 of the
Order of October 11, 2000, two members of the ASFADDES branch office of Medellín,
Mr. Ángel Quintero, and Ms. Claudia Patricia Monsalve, have disappeared, and other
members of said organization have been the target of numerous threats, which
constitutes a specific and clear indication of the danger in which the members of that
organization are, particularly those mentioned in the following paragraph.