29.
Accordingly, and recalling that the Court’s intervention through the issuance of
provisional measures is subsidiary and complementary, an order to adopt or maintain
provisional measures is only justified in the situations established in Article 63(2) of the
American Convention, in which the ordinary guarantees that exist in the State where they
are requested are insufficient or ineffective, or the domestic authorities cannot or will not
enforce them. 16 Based on the foregoing considerations, this Court deems it pertinent to
request the parties to submit information regarding whether such conditions exist so that
the State may continue adopting the measures necessary to guarantee the rights to life and
personal integrity of Mrs. Islena Rey Rodríguez, President of the Civic Committee, regardless
of any specific provisional measures ordered by the Inter-American Court, in compliance
with its general obligations under Article 1(1) of the American Convention, that is, to
respect and guarantee the full exercise of human rights.
This information shall be
presented by the State within the term established in Operative paragraph 5 of this Order,
and by the representatives within the term established in Operative paragraph 6. The
Commission may submit any observations that it deems pertinent within the term
established in Operative paragraph 7.
B.
Application of the provisional measures adopted in favor of Mariela
Duarte widow of Giraldo and her daughters Sara and Natalia Giraldo
30.
The State has repeatedly asked the Court to lift the provisional measures in respect
of these three beneficiaries, considering that the circumstances that gave rise to the
adoption of provisional measures in their favor no longer exist. In its report of November
15, 2012 the State “emphasize[d] that nearly two (2) years have elapsed without the
beneficiaries or their representatives reporting [to the State] any incident of threat,
harassment or persecution [against them and have not] provided any information
concerning a situation of risk related to the investigations and processes regarding the facts
that gave rise to these provisional measures.”
31.
For their part, in a communication of August 19, 2011, the representatives informed
the Court of “new facts that demonstrate the risk [faced by the beneficiaries and reported
that,] during the week of July 13 to 17, 2011, a man telephoned the home of the Giraldo
Duarte family, in the city of Villavicencio, asking what had happened to the family during
these years and, in particular, how and where the daughters of Josué Giraldo were.”
According to the representatives, the person “identified himself as a friend of Josué who was
interested in knowing about the family, without giving more information,” and “said that he
would call again the following week, but did not do so, and since then no more calls have
been received from that person.” Furthermore, the representatives indicated that “Mrs.
Mariela does not recall knowing that man and when she asked Josué’s friends none of them
recognized him.” As to the request by Colombia to partially lift the measures, the
representatives stated that “the assertions made by the State […] are not consistent with its
international obligations, because its conclusion is based on the absence of information […]
and not on elements of the State’s activity to establish, seriously and diligently, the
existence of risk.” Subsequently, in their observations of December 29, 2011, the
representatives stated that “except for the telephone calls received in July 2011 […] there
have been no reports of new incidents or attacks against [the beneficiaries, but] emphasize
[d] that so far the Illustrious State has not provided information regarding the
investigations into these facts or into previous incidents and attacks against Mariela Duarte
16
Cf. Matter of the Mendoza Prisons. Provisional Measures regarding Argentina. Order of the President of the
Court of August 22, 2007, Considering paragraph 14, and Matter of the Mendoza Prisons. Provisional Measures
regarding Argentina. Order of the Inter-American Court of July 1, 2011, Considering paragraph 40.
10