10. Furthermore, from the information provided by the Commission and the State,
the Court finds that, based on the precautionary measures adopted by the Commission
on September 8, 2003, the State has implemented collective protection measures for
the members of the Inter-Church Justice and Peace Commission, directed by Mr.
Danilo Rueda (supra Having Seen clauses 2, 7, 9, 10, 11, and 12). Similarly, in a
meeting on May 13, 2014, which was attended by Mr. Rueda, the Inter-Church Justice
and Peace Commission, the National Protection Unit, and the Foreign Ministry, among
others, the State committed to the implementation of a series of individual measures
in favor of Mr. Danilo Rueda, in compliance with the Order of the Standing President of
May 2, 2014 protection (supra Having Seen clause 9,e; 10; 11,e, f; and 12, d).
11.
Taking into account the abovementioned, the State argued that Mr. Danilo
Rueda can be protected in the framework of the precautionary measures requested by
the Commission, noting that the granting of provisional measures in this particular
case would create confusion both in its implementation and monitoring (supra Having
Seen clause 9, h, i). On its behalf, the Commission and the representatives argued
that the collective measures adopted by the State have been insufficient regarding the
high risk faced by Mr. Rueda, noting, inter alia, deficiencies in the collective measures
implemented thus far and the increase in threats and harassment experienced by Mr.
Rueda in recent months (supra Having Seen clauses 2, c; 3, c; 11, b, c; and 12, a, b,
c).
12. The Court has previously found it necessary to clarify that in situations that,
prima facie, may result in grave and urgent harm to human rights, an assessment
should be made of the problem, the effectiveness of State actions given the context,
and the level of exposure faced by those whom the measures are intended to protect if
they are not adopted. To achieve this goal it is necessary that the Inter-American
Commission present sufficient grounds to cover the aforementioned criteria and that
the State be unable to demonstrate clearly and sufficiently the effectiveness of certain
measures taken at the domestic level. 16 Also, for the adoption of provisional
measures, the Court has taken into account that after a protection scheme is
implemented and new threats to the detriment of the intended beneficiaries arise,
international protection can play an important role in strengthening the protection
provided at a domestic level in cases of extreme risk, handling the matter with special
care and attention to the situation faced by the beneficiaries. 17
13. In this regard, the Court finds that the repeated acts of stalking and threats
allegedly perpetrated against Mr. Danilo Rueda have materialized in different parts of
the country, among others, in the cities of Neiva, Buenaventura, and Bogota (supra
Having Seen clause 2 and 11). As is clear from the information provided by the
Commission and the State, collective protection measures for all the members of the
Inter-Church Justice and Peace Commission have been insufficient to ensure that Mr.
Rueda receive the necessary protection to safeguard his life and personal integrity at
all times, and particularly during the frequent trips made as a result of his work. This
16
Cf. Matter of de Socio-educational Internment Facility. Provisional Measures regarding Brazil, Order
of the Inter-American Court of Human Rights of February 25, 2001, considering clause six, and Matter of B.
Provisional Measures regarding El Salvador. Order of the Inter-American Court of Human Rights of May 29,
2013, considering clause four.
17
Cf. Matter of Álvarez et al. Provisional Measures regarding Colombia. Order of the Inter-American
Court of Human Rights of May 22, 2013, considering clause 99.
16