15
possible witnesses to the facts in order to establish the identities of the perpetrators.”
Additionally, it indicated that on the day of the minor’s homicide, "none of the relatives of
Ms. Mery Naranjo requested police escort or reported on the places they would be
traveling to." It added that the protective measures that the state granted to the benefit
of beneficiary Mery Naranjo are collective in nature, thus covering her relatives and
therefore also covering minor Sebastián Naranjo Jiménez.
49.
The representatives observed that the State did not explain how it identified minor
Sebastián Naranjo, nor how it was possible that "it almost immediately informed his
relatives if Sebastián was not carrying any identification." They indicated that as of now,
there is no witness testifying that Sebastian" Jiménez was seen alive in the neighborhood
where he was found and that "his family reasonably doubts" that he had gone voluntarily
to that place, "suspecting that he was taken there by his murderers, probably to give the
coup de grace that caused his death, with the body being abandoned in the place where
it was found." They argued that the death of this beneficiary was an extrajudicial
execution with the same patterns that have been detected in other similar incidents,
where the circumstances "do not follow the modus operandi of the criminal gangs, who
attack their victims in places in which they are found regularly." With regard to what
Colombia has stated to the effect that the police were not informed of any travel on that
day, they indicated that "the State has never provided the necessary police officers to
offer escorts to the beneficiaries when they are traveling to places other than their
residences" and that the plan for the beneficiaries to report on their movements "is
inadequate" when "there is no intention of accompanying them." For this reason, their
right to movement and residency is affected without any compensation being provided in
terms of security and protection. With regard to the investigation launched into these
incidents, they argued that "the activities referred to by [the State] are purely formal and
there is no work plan for the investigation." In addition, they added that they have not
been permitted access to the preliminary procedures despite the power of attorney
granted by the relatives of Sebastián Naranjo Jiménez to represent them as a civil party.
50.
The Commission expressed its concern over the death of the beneficiary Sebastián
Naranjo and observed, "without prejudice to [later] broadening [its] comments," that the
death "was in the context of the situation of lack of protection" which the beneficiaries
have been exposed to given the fact that the measures implemented by the State had
not been sufficient to safeguard their personal integrity.
c. Considerations of the Court on the alleged murders of Javier Augusto
Torres Durán and Sebastián Naranjo Jiménez (supra clauses 1(4)(a) and
1(4)(b))
51.
The Court recalls that in its Order of January 31, 2008, it asked the State to
submit specific information on the alleged murder of Javier Augusto Torres Durán.
Regarding this, it observes with satisfaction the information submitted by the State on
this issue. However, it is deeply saddened by the death of that beneficiary and considers
the fact that the it took place despite these provisional measures being in force to be
extremely grave. The Tribunal notes that, following what the State put forward in July
2008 (supra considering 44), it has not submitted additional information on the death of
Javier Augusto Torres Durán, especially with regard to the circumstances in which it took
place, in a way that would permit the Tribunal to determine its possible connection to the
facts leading to the adoption of these provisional measures, in keeping with what the
Court indicated in its latest order in this matter.23 Likewise, it observes that neither have
the representatives submitted comments on the information submitted by the State.
23
Cf. Matter of Mery Naranjo et al. Order of the Court of January 31, 2008, supra footnote 14,
Considering 24.