Court deems it appropriate to lift the measures ordered in favor of this beneficiary,
since the lack of information does not allow it to confirm whether she meets the
requirements for maintaining the provisional measures ordered in her favor.
3.6.
Daniel Prado
69.
On May 29, 2012 the State reported that “[f]orty three (43) transport
subsidies were provided between February 2008 and June 2010 and one (1) national
air ticket.” In a report dated January 30, 2013, the State argued that “the petitioners
have not submitted up-to-date information showing a continued situation of gravity
and urgency regarding […] Daniel Prado.”
70.
On April 17, 2013 the representatives indicated that Mr. “Daniel Prado, who
provided legal services to ASFADDES, has not had any connection with the
organization and its activities for several years.”
71.
In the absence of information regarding situations of extreme gravity and
urgency to the detriment of Daniel Prado, the Court decides to lift the provisional
measures granted in his favor.
3.7.
Álvaro Guisao Usuga and Florentino Guisao Usuga
72.
In its report of April 14, 2009, the State pointed out that “at the meeting to
monitor and discuss provisional measures, held on August 28, 2008 […], the
petitioners confirmed that Messrs. Álvaro and Florentino Guisao Usuga are abroad”,
and that “this situation makes it impossible, de facto, for the State of Colombia to
adopt and implement measures of protection in their favor, rendering ineffective the
measures ordered in their favor by the […] Court.” In a report of October 17, 2012, it
reiterated that “[i]n relation to Messrs. Álvaro Guisao and Florentino Guisao, who are
outside the country, the State does not have up-to-date information on facts that could
endanger their life and physical integrity, not has it received a request for measures of
protection in their favor.”
73.
The State reported that on May 15, 2012 the National Protection Unit issued
three relocation subsidies in favor of Messrs. Guisao Usuga.
74.
The representatives reported that on January 9, 2009 Messrs. Guisao Usuga
“[we]re out of the country due to numerous threats and intimidation against [their]
entire family from people claiming to belong to various State institutions.” In a report
of May 28, 2012, they noted that “some of the beneficiaries named have opted for
exile in the absence of any State guarantees – such as in the cases of Álvaro Guisao
and Florentino Guisao - or they no longer have links with ASFADDES – as is the case of
[Doctor] Daniel Prado, who provided legal services to the organization.” In a report
dated April 17, 2013 the representatives indicated that Messrs. Guisao “are living in
Sweden, apparently under protection afforded by their refugee status and to date,
neither one has indicated to the representatives their intention to return to Colombia.”
75.
The Commission stated that “[i]n relation to the persons who live abroad, […]
the provisional measures should be maintained and […] it would be appropriate that
the Court order the State to provide them with protection when they decide to return
to the country temporarily or definitively. To this end, the representatives of the
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