5
requested that the State improve its implementation of these security measures
and facilitate access to the mechanisms already in place.
10.
The representatives expressed their sentiment that the protective
measures adopted to date had not proven effective, and based on the
objectionable situation faced by the Rodríguez Quintero family, they requested
that the Court both maintain the provisional measures in place in their favor and
require the State to commit to “clear and effective actions in order to protect the
[Rodríguez Quintero] brothers[, with the aim of] guaranteeing that the National
Police would not continue harassing and intimidating them.” Similarly, the
representatives poignantly noted that the risk the beneficiaries faced was a direct
consequence of “government agents who happen to be precisely the ones in
charge of their protection.”
11.
The Commission emphasized the need to maintain protective measures
in place and for open communication “in an environment of coordination and
cooperation between the beneficiaries and the State so as to achieve a more
complete implementation of the provisional measures.”
1.2 Regarding the continued existence of conditions of extreme gravity,
urgency, and the need to avoid irreparable harm
12.
Regarding the risks faced by the beneficiaries, the State informed that
the Director of Human Rights for the Ministry of Justice and the Interior, by way
of the communications of May 26 and July 31, 2009, requested that studies be
undertaken to assess the security situation confronting the beneficiaries Yimmy,
Wilmar, and William Rodríguez Quintero, the results of which would be delivered
to the Court once available.
13.
In addition, the State insisted that the Rodríguez Quintero family has
acted in such a way as to put their own life and personal integrity at risk, and
that the protective security measures implemented for their benefit continue to
retain their effectiveness. As an example, the State signaled different occasions
on which the beneficiaries had left the municipality of Ocaña without previously
informing the police in charge of their protection. Others included instances in
which some beneficiaries had been found intoxicated in public. One in particular
concerned when Mr. Yimmy Rodríguez Quintero allegedly loaned the firearm he
had been given for his own security to a third party, subjecting himself and
others to imminent danger. Generally, there have been other situations as well in
which the beneficiaries have not followed the recommendations of the security
agents charged with implementing the protective measures.
14.
For their part, the representatives indicated that on December 17, 2009,
they received a letter from the Ministry of Justice and the Interior by which they
were “tersely” informed that Yimmy, Wilmar, and William Rodríguez Quintero
faced an “extraordinary risk,” which was to be communicated to the Committee
on Regulation and Risk Assessment that oversees precautionary and provisional
measures. Nonetheless, the representatives highlighted that despite the amount
of time that had elapsed, they had not received the results of any risk
assessment nor had they been invited to any meeting or otherwise made aware
of what measures were to be taken as a result of any findings therein.
15.
The representatives indicated that tensions between the beneficiaries
and the government agents in charge of providing for their security not only
existed but continued as a result of “accusations and [the accompanying]
stigmatization made by some officers.” The representatives stated that Mr.