18
applicable, it must explain the reasons why they were not executed. Also, it must
indicate whether the investigation has been referred to the Supreme Court of Justice and
the progress made in such investigation and explain on what charge or charges former
Lieutenant Luis Enrique Andrade Ortiz is being investigated, taking into account the
decision adopted by the Court in its Judgment regarding the violation of the principle of
the competent, independent and impartial court [juez natural] which led to an order
being passed, in favor of Lieutenant Luis Enrique Andrade Ortiz, to close the case on the
homicide charge.
*
*
*
To protect the justice administrators, witnesses, victims and next-of-kin
67.
With regard to the obligation to guarantee that legal officials, public prosecutors,
investigators, and other justice system employees have adequate security and
protection, and ensure the effective protection of witnesses, victims, and their next of
kin in cases of serious violations of human rights, in particular, with regard to the
investigation of the events of the present case (operative paragraph ten of the
Judgment). In its report of April 14, 2009, the State communicated that, by means of an
agreement entered into with the European Commission “it is conducting a proceeding to
define a strategy and a structure to provide protection services” and that, as part of this
proceeding, the State prepared a report on how the current protection programs are
carried out, which contains recommendations that are being analyzed. On that occasion,
it also requested the Court, “taking into account the fact that the State already has
protection systems for victims, witnesses and justice administrators, to assess the
different actions being taken to strengthen the existing protection programs and, to that
end, declare that Colombia is complying with this reparation measure." Afterwards, it
communicated that “a reform of the protection programs in general is currently being
implemented in Colombia and while doing so the reparation measure ordered by the
Inter-American Court in this case has been taken into consideration.” In its report of
March 24, 2010, it argued that, in accordance with the results of a consultancy service,
a draft was prepared of a bill that seeks to create a Comité Coordinador del Sistema
Nacional de Protección [Coordinating Committee of the National System of Protection]
and that the Interior and Justice Ministry shall be the authority in charge of presenting
the final document before the Congress of the Republic. The State manifested that the
text was brought to the attention of the victims' representatives, "whose observations
on general aspects of the text were received." Furthermore, it indicated that “it is within
the scope of power of the State to choose the mechanisms to comply with the reparation
measure” ordered by the Court and that “in compliance with the [J]udgment, it cannot
adopt isolated general policy reform measures for the protection programs and it will
periodically forward information on its progress […] to the Court.”
68.
In the observations of May 22, 2009, the representatives stated that the State
announced the report prepared within the framework of the agreement with the
European Commission. In that respect, they expressed their disagreement with the
report since it does not take into account other national or international studies on the
matter, and furthermore, they consider that it does not analyze the impact that the
protection strategies may have on the effectiveness of the investigations, nor does it
analyze factors that create risks for legal officials, victims and witnesses. Moreover, they
expressed their concern over indications made by State representatives which stated
that they consider the current protection programs in Colombia to be sufficient, and that
with such programs the State would comply with this measure. The representatives