7
[...] November 11, 2009.”9 The Court does not have detailed information concerning
this threat, or supporting documentation to substantiate these alleged facts in the
procedure of monitoring compliance. To the contrary, the Court observes that two
months after the alleged threat, during the public hearing of January 9, 2010 (supra
thirteenth considering paragraph), convened to hear the arguments of the parties on
the possible persistence of a situation of extreme gravity and urgency in order to
assess the need to maintain the measures in force, the representatives not only
failed to refer to this alleged threat, but stated that Mrs. Parra’s “most recent
situation denoting risk was the perception that her communications were being
intercepted. And this […] was [approximately] five years ago,” and that “recently […]
she has not been followed, threatened or received telephone calls.”
19.
Moreover, regarding the assessment of the level of risk and degree of threat
that the State was requested to make, the Court noted in its last Order that
Colombia had made preparation of the assessment conditional on the beneficiary’s
prior agreement to participate in the Witness Protection Program and that, despite
the Court’s repeated requests that the State submit the aforementioned report
without making it conditional on this prior participation by the beneficiary, the State
had not complied with the Court’s request. Nevertheless, the Court recalls that the
most recent risk and threat assessments of the beneficiary’s situation prepared by
the protection system provided by the Ministry of Justice and the Interior, which she
wishes to retain, show an “ordinary” level of risk.
20.
Additionally, the Court recalls that despite some disagreements among the
parties, to date the State has maintained the measures of protection provided to
Mrs. Parra in compliance with the orders of the Court’s and has complied, although
irregularly, with its duty to provide information on the measures taken to implement
these provisional measures. Also, even though it had asked that the provisional
measures be lifted, Colombia has expressed its commitment to offer protective
measures should new threats materialize (supra ninth considering paragraph).
21.
Regarding the obligation to investigate the reported facts that gave rise to
these measures, Article 1(1) of the Convention establishes the general obligation of
States Parties to respect the rights and freedoms recognized therein and to ensure to
all persons subject to their jurisdiction the free and full exercise of those rights and
freedoms. Consequently, regardless of the existence of specific provisional measures,
the State has a special obligation to ensure the rights of people in situations of risk
and must expedite the investigations necessary to elucidate the facts and, if
appropriate, punish those responsible.10 In conducting this investigation, the State in
question must make every effort to determine all the facts surrounding the threat
and how they were manifested; to determine whether there is a pattern of threats
against the beneficiary or the group or entity to which he or she belongs; to
determine the object or purpose of the threat, and to determine those responsible
for the threat and, if appropriate, punish them.
9
The Court was provided with this information in a brief from the representatives dated May 13,
2010, in the context of the procedure of monitoring compliance with the judgment handed down in this
case, and mentioned briefly as a fact that the State had not investigated in the representatives’ brief of
June 30, 2010, submitted during the processing of these provisional measures.
10
Cf. Case of Velásquez Rodríguez. Provisional measures With regard to Honduras. Order of the
Inter-American Court of Human Rights of January 15, 1988, third considering paragraph; Matter of Mery
Naranjo et al. Provisional measures with regard to the Republic of Colombia. Order of the Inter-American
Court of Human Rights of November 25, 2010, seventy-eighth considering paragraph, and Case of Eloisa
Barrios et al, supra note 2, twenty-fourth considering paragraph.