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surprised at the residence of Messr. Jimmy Rodríguez trying to deliver some money
to them; one of them was subjected to a “plea bargain.”
84.
That in February 2008, the State requested the Tribunal to consider the
possibility of rescinding the provisional measures regarding Messrs. Jimmy and
Wilmar Rodríguez Quintero, after considering that they made a bad use of the
weapons delivered to them (supra Having Seen clauses 24 and 25). Nevertheless, at
the hearing, the State reconsidered such request, upon studying the observations of
the petitioners and the Commission, based on the fact that the bad use of the means
delivered to the person for his protection called for a change in the provisional
measure but not a rescission of it; therefore, the State requested the Court to
consider the results of the report on the risk and the arguments of the beneficiaries
of the measure.
85.
That, according to information provided after the hearing, the representatives
pointed out that Messr. Yimmy Rodríguez and his brother Jhon Carlos Rodríguez
have been frequently subjected to acts of intimidation and harassment by members
of the National Police of Ocaña. Moreover, they informed that on May 19, 2009 a
grenade was thrown at the residence and machine shop of Yimmy Rodríguez and
that on May 9, 2009, some men, who identified themselves as members of DAS
[Security Administrative Department] entered said establishment pointing the
weapons at them. As a result of such facts, on May 22, 2009 a meeting was held
with the Ministry of Interior and Justice, in which it was informed the actions taken
at the local level by the National Police. In addition, it was launched an inquiry into
the facts related to the grenade before the District Prosecutor's Office of Cúcuta, and
certain protective measures were agreed on, namely: the State would conduct a
study on the risk of the Rodríguez Quinteros brothers; a permanent control station
would be set up at the residence of Jimmy Rodriguez until the results of the study on
the risk were made public and the investigations against the members of the
National Police would be assigned to the Solicitor General’s Office, on application of
the preferential power [poder preferente]. As to the investigations into the facts
previously informed, such investigations are in the power of the internal control
office of the Police in the city of Cúcuta and no important progress has been made in
that regard; they also mentioned that the distance between Ocaña and said city has
hindered the compliance with the subpoenas served on Yimmy Rodríguez; therefore,
it was requested that such matter be also considered by the Solicitor General’s
Office. The representatives emphasized that the facts “demonstrate the intent of the
National Police of Ocaña to track down, harass and intimidate, in spite of the special
duty to protect those persons.” Finally, “the situation of risk of Rodríguez Quinteros
brothers is the result of the direct action of the agents of the State itself, who have
been entrusted with their protection.”
86.
That the State confirmed the information furnished as to the agreements
entered into in the meeting of May 22, 2009 and pointed out that once the new
study on the risk and level of threat is completed, the Human Rights Division of the
Ministry of Foreign Affairs shall convene a new meeting to follow-up and agree on
the appropriate measures, considering the study to be done, the last facts informed
and the particular considerations of the beneficiaries and their representatives.
87.
That on June 26, 2009 the representatives informed that Jhon Carlos
Rodríguez was deprived of his life that day in the city of Ocaña, as a result of
multiple gunshots fired by two people who were riding a motorcycle and who, later