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has] suffered constant threats.”267 Moreover, she has reported the threats against
her.268
188. Regarding the alleged threats, María Estella Cepeda stated that “the close
family group of [her] brother, his children and his daughter-in-law, were victims of
harassment and of anxiety knowing that their father was in such danger, and they
were also threatened personally.”269 In this regard, Claudia Girón testified that “[m]ost
of the threats were made by telephone and, in the messages, we were told that we
were being followed,” and that “[s]ome threats were addressed at [her] directly, with
insults and stating that [she] would be raped and dismembered.”270
189. With regard to María Cepeda, the Court notes that she left the country in 1984
to study in Bulgaria. She stated that this “was the best possibility that [her] father
found to get [them] away from the climate of anxiety and constant threats in which
[they] were living.”271 In 1987, she met her husband, a Greek national; she married
him in 1988 and their first daughter was born in 1990.272 In 1992, María Cepeda
returned to Colombia, planning to live there together with her family; nevertheless,
she decided to abandon the country again after four months, owing to the lack of
security for her family.273 In August 1994, following her father’s death, she returned to
Colombia again for approximately three months.274 The Court also notes the
observation of expert witness Beristain that “[i]n 15 years, María’s family has only
travelled twice to Colombia […], and both times it was in an environment of fear and
measures of security that altered her normal coexistence with her brother and her
relatives.”275
190. The Court considers that even though the fact that María Estella Cepeda lived
outside Colombia before and at the time of the murder could indicate a violation of her
right to freedom of movement and residence, because Article 22(5) of the Convention
also encompasses the right of entry into the country of which the person in question is
a national, according to the affidavit, she has not tried to return to live in Colombia
since 1992. Even though her decisions to leave the country in 1984 and in 1992 took
place in the context of the danger faced by her father, the Court observes that the
parties have not provided indications or evidence, such as information about supposed
threats linked to María Cepeda, about the specific situation of danger that prevented
her return to Colombia at those times, or following her father’s death. Consequently,
267
Testimony given by María Estella Cepeda Vargas at the public hearing held before the Inter-American
Court on January 26, 2010.
268
Cf. Amnesty International press communiqué No. AU 235/01 of September 17, 2001 (evidence file, tome
IV, attachment 38 to the application, folios 1990 to 1991).
269
Testimony given by María Estella Cepeda Vargas at the public hearing held before the Inter-American
Court on January 26, 2010.
270
Sworn statement made before notary public (affidavit) by Claudia Victoria Girón Ortiz, supra note 257,
folio 8300
271
Sworn statement made before notary public (affidavit) by María Cepeda Castro, supra note 260, folio
8541.
272
Cf. sworn statement made before notary public (affidavit) by María Cepeda Castro, supra note 260, folio
8541.
273
Cf. sworn statement made before notary public (affidavit) by María Cepeda Castro, supra note 260, folio
8542.
274
Cf. sworn statement made before notary public (affidavit) by María Cepeda Castro, supra note 260, folio
8543.
275
Cf. Opinion provided before notary public (affidavit) by expert witness Carlos Martín Beristain, supra note
208, folios 8240 to 8241.
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