4
requests made by the beneficiaries – that is, means of communication,
cellular telephones, an armored car to use in Bogotá, a car without armor for
getting around in the field, and video cameras in the headquarters – were
approved on January 19, 2010 even though some of these measures have yet
to be implemented.
3.
The arguments presented by the Commission as grounds for its request for
provisional measures, namely:
a)
“to verify the situation of extreme gravity and urgency as required by
Article 63(2) of the American Convention so that the Court may order
provisional measures in kind for the existence of cycles of threats, acts of
aggression, and accusations against the [ICJP], as well as the continuing
nature of acts of persecution, intimidation, and harassment against them”;
b)
“[t]he nature of the objects threatened – that is, the lives and right to
humane treatment of the members of the [ICJP], as well as their capacity to
continue their work in defense of human rights – constitutes an extreme
example of irreparable consequences that [the] request for provisional
measures seeks to avoid. This does not just reflect the potential for a
violation of the fundamental right to life, but also exposes the rest of the
human rights defender community to a situation of extreme vulnerability and
risk”;
c)
“although it is true that the State […] has adopted some strong
protective measures, they have not been a sufficient response in the face of
the real and imminent risk posed, nor are they enough to protect the lives
and right to humane treatment of the beneficiaries.
The continuity of
threatening actions, accusations, intimidation, surveillance, and general
harassment, as well as the lack of an effective response in relation to the
clarification of legal suits over the criminal activities of some state security
organs effectively mean that, to date, the beneficiaries remain in a situation
of serious gravity, vulnerability, and defenselessness, while their lives and
right to humane treatment are at risk of imminent harm”;
d)
by virtue of the constant practice of the Tribunal on the use of prima
facie assessment criteria and the application of presumptions as to immediate
needs for protection, the Commission considers that the Court currently has
sufficient proof to fairly invoke the mechanism for provisional measures, and
e)
“it is of utmost importance that the agents of the system protect the
public interest through the available mechanisms. In the present [matter…]
the proper mechanism to protect this interest is that of provisional measures
[…].”
4.
On the basis of the above, the Commission indicated that “the provisional
measures that the Court eventually dictates must include an unequivocal call to the
State of Colombia for it to desist from engaging in any act that may put the
beneficiaries at further risk, including the immediate cessation of all unfounded
accusations and intelligence activities on the part of state agents and associated
individuals, as well as prohibiting access [to all concerning] information gathered and
revealed by way of these activities.” In particular, the Commission asked Court to
require that the State: