8
iii)
grant the Committee to Foster Investigations (“Comisión de
Impulso a las Investigaciones”) permanent status for it to begin
a review of procedures and to order the establishment of a
subcommittee, within that committee, to develop warnings and
monitoring by the XVII Brigade;
iv)
develop Directive 07 of November 21, 1999, with respect to the
humanitarian presence of international organizations in the
Community, and for them also to be present in the “transition
process”; and
v)
ensure entry and exit of vehicles to and from the Peace
Community, as well as direct control by law enforcement within
the framework of human rights policy and international
humanitarian law “with respect to the Tierra Amarilla
checkpoint.”
11.
The arguments of the State at that same public hearing, summarized as
follows:
a)
It recognizes that under the terms of the Convention it must “combat
third parties, whether illegal armed actors, common criminals, terrorists, or
however they are called, who attack the safety, integrity, and property of
Colombians.” The State recognizes that it has the obligation to act under
these circumstances.
b)
As the Inter-American Commission did, the State recognizes that
provisional measures adopted “have not been optimal or most efficient in
terms of safety [...] to that extent, but [it is necessary] to qualify them [and]
to improve on what the State, obviously, has done.”
c)
Among the new mechanisms proposed, the State suggests the
permanent presence of a representative of the Ombudsman’s Office, of a
member of the police in charge of security, and use of the information
systems of the XVII Brigade. It also proposed the establishment of a public
prosecutors committee of the Human Rights Unit of the Office of the Attorney
General, with the aim of accelerating ongoing investigations.
d)
The State understands that it undertakes this obligation as a whole,
independently of who is in office, insofar as “there is a responsibility of the
State that is beyond a Government program.”
12.
The documents filed by the State during the public hearing held on June 13,
2002, which are a report by the Public Prosecutors’ Office and another one by the
Office of the Attorney General regarding investigations carried out in connection with
the instant provisional measures.
13.
The brief by the Inter-American Commission dated today, June 18, 2002, in
which it reported to the Court the “murder of Miguel Osorio, an inhabitant of San
José de Apartadó [, who a]ccording to informational at hand [was] committed by two
armed civilians” at the public transportation terminal in Apartadó.