b) Regarding the factors relating to the protection of the life and personal integrity of the proposed
beneficiaries:
i. In September 2012, the members of CAVIDA forwarded to the National Protection Unit a request
for collective measures of protection in the context of the concertation of the preventive measures
processed by the Commission. The request was submitted to the Committee for Risk Assessment
and Recommendation of Measures (hereinafter “CERREM”) three times, and on the first three
occasions, the Committee considered that it was unable to rule on the measures, because it had
insufficient information to deal with the specific case of the community covered by the preventive
measures;
ii. On March 6, 2013, during a special meeting of CERREM to examine the situations of the
communities of Jiguamiandó and Curvaradó, the members of the Comisión Intereclesial de Justicia
y Paz, and the 13 potential beneficiaries of the provisional measures, the following measures were
approved for the communities that belong to CAVIDA:
•
•
•
•
A 20-person boat-taxi with an engine, in accordance with transportation requirements;
Two outboard motorboats able to accommodate from 10 to 14 people;
Seven communication devices for the community (one for the community’s boat), and
A vehicle and driver, mainly for the six women living in Turbo.
iii.
The National Protection Unit was aware of the threats received by some members of
CAVIDA. It had contacted them to initiate the corresponding protection route established by Decree
4912 of 2011. However, the beneficiaries indicated that they were not interested in having
individual protection measures, but rather wanted collective measures to be approved for all the
members of CAVIDA. The State had informed the Human Rights Office of the National Police about
these threats, and also the Office of the Prosecutor General;
iv.
The International Affairs Directorate of the Prosecutor General’s Office reported the
existence of several judicial investigations in which members of CAVIDA were victims. The
Prosecutor General’s Office had also initiated, ex officio, inquiries into the presumed new acts of
harassment against the proposed beneficiaries, in particular with regard to Sofía Roa and other
members of the community who took part in the hearing before the Court. Currently, more than 50
investigations are underway related to the members of CAVIDA, “responding to its obligation to
respect and ensure human rights,” and
v.
In response to the representatives’ denunciation of “unilateral corporate actions,” the
Prosecutor General’s Office had opened an investigation into Maderas del Darién Pizano S.A. for the
offense of illegal exploitation of renewable natural resources.
c) The different denunciations or incidents reported by the representatives have been recorded in
documents known as “historical records,” which are forwarded to the entities. However, the State
emphasized “the extreme need” that these incidents be denounced formally before the competent
judicial authorities in order to ensure an appropriate investigation. The Prosecutor General’s Office
referred to the obstacles that prevent progress in the investigations: “the impossibility to locate,
identify and individualize those responsible for the criminal behavior […]. The difficulty, when trying to
establish contact with the presumed victims, for them to come to the offices of the sectional
prosecutors who are in charge of their cases […]. The description of the incidents in a general and, at
times, ambiguous manner that sometimes makes it difficult to make them correspond to a specific
crime […]”;
d) The State advised, with regard to preventive measures MC 70-99, that a special monitoring and
intervention process has been undertaken with regard to the situation of CAVIDA; 12 follow-up and
concertation meetings had been held with the petitioners, beneficiaries and the different State entities
involved, such as the one held with the presence of the President and staff of the Executive
Secretariat and of the Protection Group in December 2012. Also, at three sessions of the Commission,
the most recent on March 13, 2013, working meetings had been held in order to gather new
information and to continue monitoring the actions that have been reported in more than 20 reports
that the State has presented to the Commission;
e) The State has made significant efforts to protect the life and integrity of all the members of
CAVIDA and has been trying to provide comprehensive protection to the communities. The State
understands that the judgment on merits that the Court would deliver in the case of López et al. –
9