4
1.1 Concerning the protective measures implemented in favor of the
beneficiaries
7.
Regarding the measures of protection, the State informed that the
security measures previously agreed upon with the beneficiaries at their meeting
on August 11, 2009, have been implemented “effectively, timely, and
continuously” by the National Police. The State further indicated that the
security measures in question include a security service made up of ten men for
the provision of a single station with three soldiers, each divided among three
shifts of eight hours each. These men are also in charge of monitoring the
outside of Yimmy Rodríguez Quintero’s house. In addition, the State indicated
that the police had reinforced surveillance of the municipality of Ocaña, where
the beneficiaries reside and which is under the watch of the remaining seven
officers, who “must patrol the residences of the Rodríguez Quintero brothers,”
and see to providing escorts for Yimmy Rodríguez Quintero. Likewise, the State
asserted that this surveillance is headed up by a superintendent who serves as
police liaison to the Rodríguez Quintero brothers and other family members and
is in charge of coordinating security when the beneficiaries go out of town, but
only “provided [such services] are previously requested by the beneficiaries.”6
The State additionally informed the Court that in the nighttime hours, a
motorized patrol conducts monitoring operations of Yimmy Rodríguez Quintero’s
residence and ensures the proper functioning of the base of operations. The
State also said that in July 2009, it had delivered eight instances of support for
temporary and permanent relocations.
8.
In the matter of the beneficiaries’ participation in the planning and
implementation of the measures, the State indicated that in the meeting held on
August 11, 2009, the State agreed to further monthly meetings with the
beneficiaries with the aim of monitoring compliance with the obligations assumed
by the National Police. In this respect, the last joint meeting about which the
State informed this Tribunal took place on March 16, 2010, because when a later
meeting had been called on March 25, 2010, the beneficiaries did not attend.
Likewise, the State showed that for the sake of bettering communication
between the National Police and the beneficiaries, the Chief of Human Rights in
the police command of North Santander possessed a cellular device, “for the
purpose of being able to communicate with the commander of the police precinct
in the area where the Rodríguez Quintero family lives. The commander also has
a dedicated cellular communications device at his disposal.”
9.
With regard to the security measures, the representatives indicated that
the support approved for the beneficiaries in July 2009, did not cover expenses
for moving their personal property, for which the State informed them that they
then had to “send a letter to the Ministry describing both the point of origin, the
ultimate destination where [they needed to] move the property, and the date on
which it [would] take place.” To the beneficiaries, this manner of response “did
not speak to the urgency and nature of the protection requested.” Furthermore,
the beneficiaries explained that such requirements as imposed by the State
“expos[ed] them to an even greater risk that was getting progressively worse
day after day,” and that “it practically oblige[d] their next of kin to refuse the
measure [i.e. support for relocating their personal property].” They further
indicated that, for that reason, in their July 17, 2009, communication, they
6
According to the State’s report of April 27, 2010, this superintendent acted as a link between
the police and Mr. Yimmy Rodríguez Quintero and coordinated the beneficiaries’ movements “outside
the city’s perimeter.” However, in a previous report from November 17, 2009, the State had
indicated that this superintendent, at that time known as ‘padrino’ (due to the program being called
‘Plan Padrino’), was in charge of coordinating movements “within the city’s urban perimeter,” given
that the area outside the perimeter was under the control of the district police commander.