3
measures were lifted by an Order of the Court of January 31, 1997, following the
delivery of the judgment on reparations and costs in the case, because the State had
adopted the necessary measures to fulfill the purpose for which the measures had
been ordered. Subsequently, given that “several witnesses who testified in [the
contentious case] ha[d] been harassed, followed, and received threatening calls after
the publication of the Court’s judgment […] on reparations and the Order […] that
lifted the provisional measures adopted in the case,” in an Order of April 16, 1997,
the Court required the urgent protection of the life and personal integrity of the five
previous beneficiaries. In the Orders of June 3, 1999, July 4, 2006, February 6,
2008, and February 3, 2010, the Court maintained the measures or protection in
favor of Mrs. Parra.
6.
Given that 16 years have elapsed since the adoption of the first provisional
measures in favor of the beneficiary, and that Colombia has requested that they be
lifted on several occasions, the Court considers it appropriate to re-examine the
information presented.
7.
Based on its jurisdiction, in the context of provisional measures, the Court
can only consider arguments that are strictly and directly related to the extreme
gravity and urgency and need to avoid irreparable damage to persons. Hence, in
order to decide whether to maintain the provisional measures in force, the Court
must analyze whether the situation of extreme gravity and urgency that led to their
adoption persists, or whether new circumstances that are equally grave and urgent
warrant keeping them in force. Any other matter may only be brought to the Court’s
attention through a contentious case.4
a)
Arguments of the parties
8.
The State indicated that Mrs. Parra continues to benefit from the measures of
protection ordered and described the security system that she has received since
2001 under the protection program of the Ministry of the Interior and Justice. It
advised that the most recent assessment of the beneficiary’s level of risk and degree
of threat prepared by the Administrative Department of Security (DAS) concluded
that her level of risk was ordinary, and that this assessment “would be re-evaluated
by the Risk Regulation and Evaluation Committee (CRER).”
9.
In accordance with the Court’s request in the third operative paragraph of its
Order of February 3, 2010, that it forward a new assessment of the level of risk and
degree of threat, the State reported that it had held a meeting with the beneficiary
and her representatives on May 3, 2010, “in order to comply with the undertaking
made [...] at the public hearing on January 29, 2010.” Regarding the preparation of
the new risk assessment, the State declared that: (i) it must be prepared under the
Protection and Assistance Program for Victims, Witnesses and others who intervene
in criminal proceedings of the Office of the Attorney General of Colombia (hereinafter
“Witness Protection Program”), and not under the Protection Program of the Ministry
of Justice and the Interior, which had been the one applicable to the beneficiary and
whose latest report had “yielded an ordinary result” for the level of risk, since the
risk in question arose from her participation in the criminal investigation of Mr.
4
Cf. Matter of James et al. Provisional measures with regard to Trinidad and Tobago. Order of the
Inter-American Court of Human Rights of August 29, 1998, sixth considering paragraph; Matter of the
Communities of the Jiguamiandó and the Curbaradó. Provisional measures with regard to Colombia. Order
of the Inter-American Court of Human Rights of August 30, 2010, sixth considering paragraph, and Matter
of the Colombian Jurists Commission. Order of the Inter-American Court of Human Rights of November
25, 2010, seventh considering paragraph.