8
to find information about her income” on May 21, 2004, without any prior
investigation existing against her to justify or legitimate this gathering of
information. Said activities were carried out “in the framework of operations clearly
defined by DAS destined to offer a defense [to] the State before international
organizations […] in order to monitor the representatives of the victims and the
victims; and in this list of individuals, not only is Maria Nodelia Parra found, but also
[other] people that also have provisional measures […] in their name; this is not an
isolated fact nor of little relevance for this case and for the imminence of the risk […]
against [the beneficiary],”
24. In relation to Colombia’s proposal regarding the carrying out of a joint and new
study of the risk, the representatives manifested their willingness to work together
with the State on the legal and factual aspects on which the new study of the level of
risk to Ms. Parra will be based.
25.
The Commission values the measures adopted by the State in order to protect
the life and personal integrity of the beneficiary. It reiterated that the present
measures are fundamentally related with the activities of Ms. Parra as a civilian party
to the criminal investigation for the mentioned forced disappearances. In the
present case, the situation of risk increased or decreased in conformity with the
advances carried out in such investigation. In this sense, the lack of threats during a
determined time cannot be evaluated on their own, rather it is reasonable to infer
that the lack of threats is a result of the inactivity of the investigative process. In
this manner, considering the reactivation of the investigation at the end of 2009, the
Commission expressed its worry regarding the possibility that new facts may occur
that would put the life and personal integrity of the beneficiary at risk. In this sense,
it manifested its worry regarding the alleged operations of intelligence carried out by
the DAS.
*
*
*
25.
Regarding the proposal of the State to elaborate a new study of the level
of risk and degree of threat for Ms. Parra, with which the representatives were in
agreement, the Court finds it pertinent to carry out an analysis about the eventual
need to maintain the present provisional measures in favor of the beneficiary in its
next ordinary period of sessions. On said occasion, the Tribunal will examine the
abovementioned allegations together with the new study of the risk to the
beneficiary, which must be received by the Secretary of the Court no later than
March 31, 2010. In the case that said study of risk is not received on the specified
date, the Tribunal will still analyze the matter during the abovementioned period.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS