4
guarantee the life and physical integrity of its members, particularly Islena Rey, a member
of the organization‟s board.” The State emphasized that it “is unaware of any new problems
regarding the operation of the protection scheme for the beneficiary [Islena Rey]; however,
[...it] express[ed] its willingness to continue providing the necessary collaboration.”
8.
Regarding the representatives‟ observation that the beneficiary Islena Rey had not
been informed about the changes in the protection scheme made by the DAS, in June 2010
Colombia explained that Decree 1030 of 2010 established that the responsibilities of the
DAS Protection Program “w[ould] be gradually reduced,” as the different stages of the
process of transferring the respective protection schemes were completed. The State
insisted that “it w[ould] never withdraw the protection schemes granted to the beneficiaries
of provisional measures without prior notice.” It explained that it would not leave
unprotected all those beneficiaries who, upon expiry of the DAS contract, had a protection
scheme assigned to them by that entity, “because the State‟s obligation does not end and is
not interrupted by that circumstance.” On that occasion, Colombia stated that, “the
[protection] scheme for Islena Rey would not be withdrawn before June 30, 2010,” and that
this had been explained to the beneficiary at a monitoring and coordination meeting held on
May 26, 2010.
9.
Regarding the protective measures implemented in favor of the beneficiary, Islena
Rey, the representatives indicated that, on December 11, 2009, she had asked the Ministry
of the Interior and Justice, the entity responsible for the Protection Program, to replace one
of her escorts, because he had “acted in a manner contrary to the beneficiary‟s protection,”
and she had therefore lost confidence in this escort. They explained that the said acts
consisted in the “transmittal by the escort of personal information and information on the
activities carried out by the [beneficiary] Islena Rey, […] at the express request of the Head
of Protection of the Meta Branch of the DAS.” The representatives noted that, despite this
request, the escort continued providing his services until March 2010. They underscored
that this situation had occurred previously during implementation of the protective
measures, and they had denounced repeatedly that escorts assigned to the protection of the
beneficiary had carried out intelligence activities. They had asked the State to provide
information in this regard, but to date had not received any answer. In addition, they
stressed that the beneficiary had proposed persons of trust to replace the said escort, but
the DAS had “needed five (5) months to determine that the individuals proposed […] did not
meet the requirements to be hired as escorts.” The representatives pointed out that this
was “the second time that obstacles had been placed to the hiring of an escort of trust
alleging requirements that were not communicated opportunely.” They indicated that, in
April 2010, the DAS had assigned a hired escort, which the beneficiary had accepted as a
provisional measure until a person of trust could be assigned to her, which she repeatedly
insisted on to the state authorities. In their observations of December 2010, the
representatives confirmed that “since October 15, 2010,” the protection scheme for the
beneficiary Islena Rey has been complete once again and, currently, “all the escorts […]
satisfy the requirement of trust”; nevertheless, they regretted that 10 months had elapsed
from the time the change in escort was requested until the State complied with this
obligation, “undertaking to ensure the satisfactory functioning of the physical protection
scheme and, consequently, [to the protection] of the life and integrity of the [beneficiary].”
They underlined that, during the time the beneficiary‟s protection scheme was incomplete,
the Ministry of the Interior and Justice and the DAS had “provided numerous different
answers” about the competence to define the requirements for contracting out the escorts.
10.
Regarding the armored vehicle that forms part of the beneficiary‟s security scheme,
the representatives mentioned that it had needed many repairs during 2010 and that, each
time, “the vehicle has been replaced by a similar one.” However, they emphasized the