5
a)
“[a]dopt without delay all measures that may be necessary to
guarantee the lives and right to humane treatment of the [potential]
beneficiaries”[;]
b)
“[u]ndertake an investigation into the facts that give rise to the
request for provisional measures as a preventative mechanism to impede the
recurrence of new threats against the lives and safety of the [potential]
beneficiaries”[;]
c)
“[p]erform all necessary actions to guarantee that the members of the
ICJP can continue with their work promoting and defending human rights in
Colombia”[;]
d)
“[c]onsult with the possible beneficiaries as to the most appropriate
mechanisms for the implementation of protective measures, in such a way as
to ensure their effectiveness and relevance[,]” [and,]
e)
“[p]rovide information on the measures adopted pursuant to the
previous subparagraphs.
5.
The letter from the Secretariat of the Court (hereinafter “the Secretariat”) of
April 20, 2010 whereby, pursuant to instructions from the President of the Court
(hereinafter “the President”), it requested that the State present its relevant
observations with respect to the present request for provisional measures (supra
Having Seen 1) and the submission of any other documentary evidence the State
deemed relevant.
6.
The communication of May 4, 2010 and its annexes, whereby the InterAmerican Commission made reference to “new information” that the ICJP presented
to it on May 1, 2010 regarding: 1) “the offensive intelligence of the DAS against the
work of the [ICJP]”; 2) “the alleged recent instances of persecution against the
[ICJP]”; and, 3) the present situation that [ICJP] defenders face in carrying out their
work.” In particular, the Commission stated the following:
a)
As to the first point, it indicated that “previously, information became
public according to which, at the urging of the DAS, a strategy of persecution
was prepared against NGOs and opponents of the government that included
espionage, smears, and planned terrorist attacks that were to be
subsequently attributed to the guerrillas.”
In particular, “Operation
Transmilenio would have had the objective of ‘neutralizing the destabilizing
actions of NGO[s] in Colombia and the world over’ by way of establishing
‘links with narco-terrorist organizations, seeking their persecution,’” which
accounted for the “baseless legal actions begun against various members of
the [ICJP], as well as smear campaigns against them”;
b)
With regard to the second point, the Commission showed that Danilo
Rueda “has been accused of procedural fraud, a charge that is nonexistent in
national and international courts,” in order to “discredit him”’; that Albert
Franco, Executive Secretary of the ICJP, and Javier Giraldo, S.J., were
accused of being “terrorists and parties to murder and discrimination” with
the goal of “undermining the initiatives that black and mestizo communities
from the [B]ajo Atrato have put forth that favor the return of their lands”;