6
minimum monthly salaries,” which was not enough for Mery Naranjo and her family to be
able to relocate and leave Comuna 13 for an amount of time considerable enough to
allow them to diminish the risk they face. They reported that once beneficiary Mery
Naranjo received the aforementioned financial aid, "she moved to a nearby municipality
[…]. However, given the unstable conditions she faced and the lack of financial resources
allowing for dignified living conditions, she had to return to her house."
12.
With regard to some of the comments of the representatives, the State indicated
in its report of July 2010 (supra Having Seen 2) that during the follow-up and
coordination meeting held with the beneficiaries on June 25, 2010, in response to Ms.
Mery Naranjo’s expression of dissatisfaction with her connection to the police, the State
had proposed exchanging the connection for "a police officer in the position of deputy
chief, an individual with whom the beneficiary had stated she was in constant
communication and whom she trusted.” Likewise, at that same time the State recognized
that there had been "some difficulties" in providing two Avantel communication devices
due to problems with the mail company. For this reason, a representative of the Ministry
of the Interior and justice had given "the two Avantel radios to Ms. Mery Naranjo on June
25, 2010."8 It added that the beneficiary has repeatedly ignored the recommendations
and security measures provided by the National Police upon not informing them of her
movements and not accepting the police escorts that have been offered to her.
13.
The Commission took note of the information submitted by the State with regard
to the continuous nature of the implementation of the protective measures and expressed
its appreciation for "the steps taken by the State" toward complying with them; however,
it observed that "the protection has not been enough." It argued that "although there has
been progress in the implementation of the provisional measures for some beneficiaries,
it [was] worrying that there was no specific information on the protection provided to all
the beneficiaries of the measures." However, it later took note of the information
provided by the State to the effect that the measures in this matter are collective in
nature and therefore would cover the immediate family of beneficiary Mery Naranjo.
Likewise, it recognized the importance of resolving the possible difficulties that could
arise in the development of these measures "through dialogue between the parties,
without neglecting the need for eliminating risk factors," and took note of the
commitment expressed by the State to manage, move forward, and follow-up on the
corrective actions necessary to guarantee adequate and effective security service for the
beneficiaries. It recalled that the State has the duty to "ensure the proper functioning of
each of the State bodies" in order to guarantee the exercise of the rights of persons
under its jurisdiction and prevent future human rights violations.
a. With regard to the protective measures implemented to provide security
at the residence of Ms. Mery Naranjo
14.
The State reported that "the residence inhabited by the beneficiary and her
immediate family continues to be guarded by one (1) permanent police post that
provides security services 24 hours per day.” 9 In August 2010, it indicated that the
motorized patrols from San Javier police station "have a permanent order to pass by and
8
In its report dated August 12, 2009 (supra Having Seen 2), The State reported that due to technical
difficulties in the operation of the Avantel communication equipment, the beneficiaries had officially returned
them, stating that the technical difficulties have been taking place "for some time, but [that] they had not
reported this to State officials in a timely fashion given that the problems were sporadic." In response to this,
the Human Rights Directorate of the Ministry of Interior and Justice committed to “replacing them and sending
[…] the new communication equipment by certified mail," which had been done on August 3, 2009.
9
In its report dated February 19, 2010, the State reported that this permanent post “comprises two (2)
officers in three (3) daily shifts.” More recently, in a brief from August 2010, it indicated that the permanent
post has “two police units covering four security shifts."