10
Considering 14 and 17). However, it notes that despite the fact that the beneficiaries are
apparently initially in agreement with those corrective measures (supra Considering 17
and 18), they continue to report problems with their implementation and effectiveness, in
particular with regard to "actions taken by the police officers in charge of their security."
Likewise, it takes note that the representatives expressed their disagreement over what
they consider to be a unilateral suspension of the measure to provide transportation
support that had previously been granted to beneficiary Mery Naranjo, as well as of the
problems indicated by the beneficiaries with regard to the police escort measure during
travel offered by the State (supra Considering 11). At the same time, it observes that the
State indicated that the beneficiary did not report on her movements and did not accept
the police escort that had been offered (supra Considering 12).
27.
The Tribunal recalls the the State’s adoption of particular measures of protection is
not enough. Rather, these measures and their implementation must be effective such
that the threats toward and harassment of the individuals whose protection is sought
cease. 12 In addition, it highlights that the beneficiaries and their representatives are
required to offer whatever cooperation is necessary to bring about the effective
implementation of the measures.13
28.
The State must take the pertinent steps for the provisional measures set forth in
this order to be planed and applied with the participation of the beneficiaries of the
measures or their representatives such that the measures be provided in a diligent and
effective manner. Likewise, the Court highlights the importance of the duty to cooperate
with the beneficiaries and their representatives for adequate implementation of the
security measures, as well as the need for State authorities to establish clear and direct
means of communication with the beneficiaries in order to establish the necessary trust
for their adequate protection. The Court highlights that the positive participation of the
State and, particularly, the representatives is crucial for the coordination and
implementation of the provisional measures in this matter. In this sense, it reiterates
what was set forth in its order of January 31, 2008, where it indicated that “all the
parties must propose and agree on the measures if any of them considers that the
existing ones are not adequate.”14
29.
By virtue of the foregoing considerations, the Tribunal finds it necessary for the
State to report in a detailed and complete manner on the measures it may have adopted
to improve the effectiveness of the protective measures implemented, such that they be
adequate for the situation of Ms. Mery Naranjo Jiménez and her relatives, as well as to
report on the measures it is implementing to offer those beneficiaries participation in the
planning of the above-mentioned measures.
1.2
On the measures adopted to protect the life and personal integrity of Luisa
María Escudero Jiménez
30.
Colombia reported in February of 2010 that, at the request of the beneficiaries, it
had started the proceedings to include the minor Luisa María Escudero Jiménez in the
Social Security contribution regimen through the Health Promotion Body (EPS SURA in its
Spanish acronym). 15 In July 2010, the State confirmed that as of that date, the
12
Cf. Matter of Juan Almonte Herrera et al. Provisional Measures regarding the Dominican Republic. Order
of the Court of March 24, 2010, Considering 16.
13
Cf. Case of the “Mapiripán Massacre”. Provisional Measures regarding Colombia. Order of the Court of
September 2, 2010, Considering 20.
14
Cf. Matter of Mery Naranjo et al. Provisional Measures regarding Colombia. Order of the Court of
January 31, 2008, Considering 12.
15
The State indicated that the representatives had requested the inclusion of the beneficiary in the Social
Security contribution regime "as they were not in agreement with the service offered by the subsidiary social