9
different bodies in charge of implementing the security and protective measures, as well
as of the beneficiaries and petitioners, with the purpose of evaluating the effectiveness of
the measures. Likewise, it expressed that "the different State bodies in charge of the
protection and security of the beneficiaries have been in constant communication with
the beneficiaries in order to allow them to express their opinions on the implementation
of the provisional measures."
21.
The representatives confirmed that the meetings indicated by the State were held
and that the beneficiaries participated in them.
22.
The Commission expressed its appreciation for the information provided by the
State with regard to the meetings held with the beneficiaries, finding that the
participation of the beneficiaries "is fundamental […] for the measures adopted to their
benefit to be effective." At the same time, it asked the Court to request information from
the State on the periodicity of those meetings.
d. Considerations of the Court on the protective measures implemented by
the State to the benefit of Ms. Mery Naranjo and her relatives (supra
subparagraphs 1(1), 1(1)(a), 1(1)(b), and 1(1)(c))
23.
The Court views positively the measures taken by the State to protect beneficiary
Mery Naranjo and her relatives. Likewise, it takes note of the information submitted by
the State with regard to the beneficiaries’ participation in the meetings for coordinating
and planning the measures.
24.
The Tribunal recalls that in its Order dated January 31, 2008, it specifically asked
the State to maintain the permanent guard at the residence of Ms. Mery Naranjo and her
family, as well as to ensure that the security forces providing protection to the
beneficiaries were not the ones that “according to the beneficiaries, were involved in the
facts denounced,” such that their designation be made with the participation of the
beneficiaries or their representatives.
25.
In this regard, the Court observes with satisfaction that the State has continually
reported on the permanence of the guard post at the residence of Ms. Mery Naranjo and
her family. However, it takes note of what the representatives have indicated with regard
to the difficulties that have arisen in the implementation of that protective measure, in
particular with regard to specific behaviors of security officials in charge of that guard
post. Likewise, it observes that the State itself has recognized certain difficulties in the
implementation of guard services at the residence of the Naranjo Jiménez family (supra
Considering 14 and 17) In this sense, it notes with concern that the beneficiaries have
denounced grave incidents allegedly committed by the officials supposedly assigned for
their protection, who instead of protecting them exposed them to greater risk. Likewise,
it takes note from the information provided by the State and the representatives on the
aid provided for temporary relocation to the benefit of beneficiary Mery Naranjo and
some of her relatives (supra Considering 9 and 11).
26.
In addition, with regard to the State’s obligation to ensure that the officials
providing security to the beneficiaries are not the ones allegedly involved with the facts
denounced by them, the Tribunal takes note that the beneficiaries have not expressed
any general discontent with the State security team providing protective services in the
sense of demanding that a different security body provide those services. Rather, they
have expressed their discontent with specific police officers who have been assigned to
protect them and provide security due to alleged inappropriate behavior on their part. In
this regard, the Court observes with satisfaction that the State has made efforts to
remove those officers from the protective services provided to the beneficiaries and has
tried to implement oversight mechanisms such as the logbook and the registry of new
incidents that were presumably made available to beneficiary Mery Naranjo (supra