9
de Colombia”), in which he was called to give testimony. This alone constitutes
an increased risk, above all for Gustavo Gallón Giraldo;
d)
Finally, “CCJ members have been the target of serious accusation on the
part of Colombian government agents, that [were] followed by threats and
harassment. In addition to the foregoing, it is necessary to consider the
seriousness of the intelligence work undertaken by the State to persecute and
harass human rights defenders, including the potential beneficiaries. There has
also been a general lack of information and of a clear explanation as to the
purpose of these activities. What’s more, the demands of several ongoing cases
have the effect of converting the CCJ members into the targets of further threats
and harassment, as well as enhancing the level of danger they face. These
circumstances not only have placed the CCJ members in a position of risk and
vulnerability, but also constitute sufficient elements tending to show prima facie
that the appropriate measure to be adopted in this case is the immediate
eradication of the source of the risk.”
18.
The Secretariat’s letter of May 31, 2010 whereby, pursuant to instructions from
the Plenary, it requested that the Commission submit additional information before June
28, 2010. The Tribunal asked that the Commission include in its brief: a) the protective
measures that the prospective beneficiaries would be willing to accept at that particular
moment; b) whether there were any other measures to be solicited in addition to
protective measures; and, c) its description of what avenues of cooperation the potential
beneficiaries would be willing to take to coordinate planning and implementation of the
measures with the State. The Court also asked the State to indicate: a) which state
officials or organs would be in charge of implementing the protective measures, and b)
what the available mechanisms are to facilitate the beneficiaries’ participation in the
planning and implementation of the protective measures so that they might stay
informed as to progress with compliance.
19.
The brief of the Inter-American Commission of June 23, 2010 whereby it
submitted information offered by the CCJ on the situation of risk and imminent harm
The Commission regarded the potential beneficiaries’
that its members face.4
information as confirming yet again the factual basis for the request for provisional
measures. As with previous communications, the facts indicate that the members of the
CCJ remain in a situation that subjects them to a risk of imminent harm. The
Commission thus reiterated its request to the Court that it adopt provisional measures in
the present case.
20.
The brief of the Inter-American Commission of June 29, 2010 whereby it
repeated its earlier points and went on to indicate, inter alia, that:
4
In this regard, the representatives of the CCJ indicated that, together with the Inter-Ecclesial
Commission on Justice and Peace (ICJP), they are moving forward with measures before international human
rights organizations to safeguard the rights of the communities of Curvaradó and Jiguamandó. They added
that the members of the ICJP were allegedly the target of scare tactics by way of e-mail on April 26, 2010 and
in a web-page publication on April 27, 2010. In both instances, accusations of criminal activity were hurled
against both the ICJP and the CCJ, despite the ICJP’s having already filed a public complaint to the contrary.
Thus, the CCJ representatives concluded that the e-mail, the internet publication, and the threats serve to
demonstrate “the context of persistent stigmatization against human rights defenders that attempts to present
[their] legitimate defense work as an aggressive and deleterious act, and treating it as if it constituted a legal
war against the State.”