2
4.
The tenth report of the State of Colombia (hereinafter the “State” or
“Colombia”) of January 14, 2000, by means of which it provided information on the
situation of the beneficiaries of the measures, and information sent by the Office of
the Prosecutor General of the Nation about four cases under investigation at the
Human Rights Unit in connection with the instant case. In turn, the State presented
a statement of Mr. Saúl Lucas, a beneficiary of the measures, where he affirmed he
was not a victim of threats, and requested that his name be removed from the list of
persons threatened.
5.
The note of the Secretariat of the Court of January 21, 2000, by means of
which it requested the Commission to provide information that would appropriately
support its request (supra 3).
6.
The writing of the Commission of January 28, 2000, by means of which it
reiterated to the Court its request for the lifting of the provisional measures, and
expressed that:
a)
the request for provisional measures formulated March 18, 1998, was
based on the reporting of serious acts of violence suffered by some members
of the Zenú Indigenous Community between 1994 and 1998, which are a part
of the context that gave rise to the opening of case N° 11.858 before the
Commission;
b)
from the time the measures were rendered, approximately 22 months
ago, the Commission has been unable to verify the actual occurrence of new
events that may justify maintaining the measures rendered by the Court;
and
c)
the petitioners have been unable to stay in touch with the persons
protected by the measures, and have admitted that they are unable to
produce the information required.
7.
The communication from the President of the Court of February 2, by means
of which he indicated to the Commission that the situation described by it
was a source of concern to the Tribunal, since it did not have reliable information
through which it could be determined whether the situation of risk to the beneficiaries
had ended or if, instead, it persisted.
In it, it requested, in order for the Court to have all elements necessary to take into
consideration the basis for the request to lift the provisional measures, that the
Commission inform in detail, once it established contact with the persons protected,
on the status of the measures and the situation of said persons.
8.
The note of the Secretariat of the Court of March 2, 2000, by means of which
it requested that the Commission send its observations on the tenth report of the
State (supra 4), and reiterated the request of the President of the Court (supra 7).
9.
The eleventh report of Colombia, of March 15, 2000, whereby it stated that
[…] in relationship to the investigation of the homicide of Carlos Arturo Solano-Berma,
Sergio Manuel Santero-Bacilo and Dagoberto Santero-Bacilo, on December 22 [1999],
the imposition of the safety measure of preventive imprisonment [had been] order[ed]
against Francisco Enrique Villalba-Hernández, for the offense of aggravated homicide in
concurrence of homogeneous punishable acts and intent of homicide.