12
Inter-American Commission attached a written document addressed to them by the
ICJP.
21.
The Secretariat’s letter of September 16, 2010 whereby, pursuant to the
instructions of the President of the Tribunal, it requested that the State present its
relevant observations on the Inter-American Commission’s communications of
September 13 and 14, 2010 (supra Having Seen 19, 20).
22.
The Secretariat’s letter of October 15, 2010 whereby, pursuant to the
instructions of the President of the Tribunal, it again requested that the State submit
its relevant observations on the Inter-American Commission’s communications of
September 13 and 14, 2010 (supra Having Seen 19, 20, 21).
23.
The communication of October 4, 2010 whereby the Inter-American
Commission presented its observations on the State’s brief of July 30, 2010 (supra
Having Seen 17, 18). In this communication, the Commission declared that:
a)
In the “request for provisional measures the proposed beneficiaries
claimed that, despite the precautionary measures through which the State
provided cellular and satellite means of communication, late model vehicles,
transportation support, and protection schemes complete with armored
vehicles for members of the ICJP of Bogotá, the members c[ontinue] to be
the target of death and disappearance threats, surveillance[, and]
kidnapping[;] their communications [continue to be] intercepted by the [...
DAS]; and, there presently exist legal complaints against the members about
which the authorities are withholding information.” “This situation has not
changed at all in the intervening period following the request for provisional
measures”;
b)
“[T]hrough various communications in the months of May, June, and
September 2010, [...] [the Commission] has informed the Tribunal as to
specific indications that, despite the precautionary measures and other
actions the State has undertaken in this framework, such efforts have shown
themselves to be inadequate”;
c)
“[I]t has reported on various threats received recently by members of
the ICJP (especially concerning the teams present in Buenaventura and the
department of Cauca)[,] which forced them to suspend work in the area[;] on
the threats received by Danilo Ruedo [sic] in Bogotá and the surveillance of
members in general, with specific reference to that of the groups located in
Caracolí, territory of Curvaradó.” The Commission indicated that “it has
likewise reported on alleged ‘intelligence offensives’ of the DAS against the
organization, alleged acts of persecution against them, as well as the current
situation the members face in carrying out their work, which has forced them
to change their way of life owing to the constant risk they face”;
d)
“[T]he information proffered by the State in relation to its
implementation of the security measures demonstrates, in light of the
multiplicity of instances upon which the Commission has reported, that the
measures have not been sufficient to respond to the situation of real and
imminent risk, nor have they been adequate to protect the lives and right to
humane treatment of the beneficiaries. The information presented indicates a