2
7.
The public hearing on these provisional measures held on February 4, 2008, at
the seat of the Court.1
8.
The request to lift the provisional measures ordered in the instant case by the
State in such public hearing. In that opportunity, the State made the following
representations, among others:
a) regarding the validity of the provisional measures, it reminded that said
measures were adopted in 1994, given the participation of the beneficiaries as
witnesses in the case of Caballero-Delgado and Santana, and that through
various orders of the Court, the measures were lifted in relation to certain
beneficiaries. Since then, the State has adopted the provisional measures
ordered and has performed an ongoing follow-up on their implementation. That
notwithstanding, the State alleged that the measures should be lifted since: i)
they have been in force for more than 13 years, and in fact provisional
measures should be exceptional in nature; ii) there is no evidence of new
threats; iii) domestic law provides for effective mechanisms to protect a person
who acts as trade union leader, as in the case of María Nodelia Parra and a
person detained in a penitentiary, as in the case of Gonzalo Arias-Alturo.
Furthermore, as to the specific situation of María Nodelia Parra, the State
reported that in 2007, it carried out a current risk assessment, which showed
that the level of risk was “normal”. In the case of Gonzalo Arias-Alturo, the
State indicated that said individual made contradictory statements, since at a
certain instance it requested that the measures ordered be lifted and recently it
expressed its will to maintain those measures. The State held that similar
contradictory statements were detected in relation to the other beneficiary, as
regards her allegations on the occurrence of new threats.
Lastly, the State added that the reasons for requesting in 1997 the
reinforcement of the provisional measures in favor of these two beneficiaries
cannot be upheld today as grounds for continuity thereof. Today, there would
be more means to guarantee the exercise of rights and freedoms, more
capacity and commitment by the State to protect individuals. The State
indicated that there is no information available to prove that the circumstances
of risk became more serve and that the criminal investigations related to these
1
The following persons were present at this hearing: a) for the Inter-American Commission on Human
Rights: Manuela Cuvi-Rodríguez and Karin Mantel, advisors; b) for the Republic of Colombia: Carlos Franco
Echevarría, Director of the Presidential Human Rights Program and International Humanitarian Law
(Programa Presidencial para los Derechos Humanos Derecho Internacional Humanitario); Clara Inés VargasSilva, Director of Human Rights and International Humanitarian Law of the Ministry of Foreign Affairs;
Francisco Javier Echeverri-Lara, Director of the Office of International Affairs, General Prosecutor’s Office;
Juan Carlos Gómez-Ramírez, Director of Human Rights, National Ministry of Defense; Eduth Claudia
Hernández-Aguilar, Coordinator of Defense before international organizations for the National Ministry of
Defense; Liliana Romero, Advisor for the Office of International Affairs, General Prosecutor’s Office; and
Janneth Mabel Lozano-Olave, Coordinator of Protection and Information for International Organizations,
Board of International Humanitarian Law and Human Rights of the Ministry of Foreign Affairs; and c) for the
representatives of the beneficiaries of provisional measures: Gustavo Gallón-Giraldo and Luz Marina Monzón,
both members of the Colombian Commission of Legal Scholars (Comisión Colombiana de Juristas).
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