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86.
Thus, in view of the harassment and threats that Senator Cepeda suffered
owing to his membership in these political parties, personally and together with other
activists and leaders, the declarations of these State officials not only expressed a
conduct of intolerance, but could also have contributed to accentuating or exacerbating
situations of hostility, intolerance or antipathy by public officials or other sectors of the
population towards those connected with the UP and, therefore, towards Senator
Cepeda.110
87.
Consequently, bearing in mind the statements made by State authorities and
international organizations, the Court observes that the facts of the instant case
occurred in the said context of systematic violence against the members of the UP.
A.2
Special obligation of protection in relation to Senator
Cepeda Vargas
88.
As the State has admitted, and as confirmed by the office of the Attorney
General of the Nation and the Council of State (infra para. 96), the national authorities
were informed of the threats against several members of the UP, including Senator
Cepeda.
89.
On October 23, 1992, the Commission ordered precautionary measures in favor
of Álvaro Vásquez del Real, Manuel Cepeda Vargas and Aída Abella Esquivel for the
State to protect their life and personal integrity in the face of the “imminent danger
owing to the campaign of threats and intimidation against them at [that] time.”111 The
measures were granted based on the threats, surveillance of leaders of these parties,
media campaigns connecting the UP and the PCC to the insurgency in Colombia, and
the raid on the UP offices, among other actions.112
90.
UP spokesmen denounced five plans against the members of this political
movement; namely, “Operation Condor” (1985), “Baile Rojo” (1986), “Esmeralda”
(1988), “Coup de grâce” (1992) and “Retorno” (1993).113 According to complaints
made by Senator Cepeda Vargas and other leaders of the UP and the PCC, at the
beginning of the 1990s, these leaders became aware that a plan to exterminate its
because they considered that it was the ‘political arm of the insurgency’ – the ‘party of the insurgency.’” Opinion
provided before notary public (affidavit) by expert witness Federico Andreu Guzmán, supra note 83, 8326.
110
Cf. Case of Ríos et al. v. Venezuela, supra note 49, para. 148, and Case of Perozo et al. v. Venezuela,
supra note 49, para. 160. Similarly, judgment delivered by the Second Review Chamber of the Constitutional Court
in case No. T-439 on July 2, 1992: “[t]herefore the political situation of the Patriotic Union at that time and in those
circumstances was relevant to reach a positive conclusion about the claimed threat. The formal or merely word-ofmouth connection with the Patriotic Union, in the context of the ideological and political persecution unleashed
against its members or those who sympathized with it, is a determinant factor in the case in order to affirm that the
belief that his life was in danger was reasonable, in view of the applicant’s specific circumstances” (evidence file,
tome III, attachment 11 to the application, folio 1368).
111
Cf. letter addressed by the Inter-American Commission on Human Rights to the Colombian Minister of
Foreign Affairs at the time on October 23, 1992 (evidence file, tome III, attachment 13 to the application, folios
1377 to 1378).
112
Cf. letter addressed by the Inter-American Commission on Human Rights to the Colombian Minister of
Foreign Affairs at the time on October 23, 1992, supra note 111, folios 1377 to 1378.
113
Cf. Opinion provided before notary public (affidavit) by expert witness Federico Andreu Guzmán, supra
note 83, folio 8324; Opinion provided before notary public (affidavit) by expert witness Eduardo Cifuentes Muñoz,
supra note 77, folios 8354, and Campos Zornosa, Yezid, “Memorias de los Silenciados,” Editorial CEICOS, Bogotá,
Colombia, 2003 (evidence file, tome IV, attachment 42 to the application, folio 2043).
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