6
Yimmy Rodríguez Quintero had provided information against members of the
National Police who according to him “had insinuated that he was involved with
certain paramilitary groups and [they had threatened him].” The representatives
expressed that these facts were worrying, especially because the present
provisional measures were granted in order to “denounce the [alleged] ties that
members of the National Police in Ocaña may have with criminal outfits.”
Additionally, the representatives indicated that the State has not provided any
information on the investigations into the acts committed against the Rodríguez
Quintero family as provided for in the procedure for provisional measures, and
the representatives insisted that “the State’s quick response in investigating,
trying, and punishing the responsible parties would have a substantial impact on
the situation to which the Rodríguez Quintero brothers and their families
continue to be exposed.” In particular, the representatives provided information
related to alleged further intimidation and threats:
a. On a approximately July 5, 2009, the beneficiary Yimmy Rodríguez
Quintero received a pamphlet, allegedly from a guerrilla group, that
attempted to link him to paramilitary groups and marked him as a
“military objective.” They highlighted that this alleged threat was found
by the beneficiary himself underneath the front door to his house one
morning, despite the presence of police officers that were supposed to be
watching that very location.
b. On November 6, 2009, two “agents from SIJIN (Subdivisions of the
Judicial Police) of Ocaña,” showed up in plain clothes at Yimmy Rodríguez
Quintero’s residence asking to see his brother, William. The experience
caused Yimmy “to feel intimidated by the words and general attitudes of
these two agents.”
c. On May 14, 2010, two members of the National Police of Ocaña
“arbitrarily” captured William Rodríguez Quintero. The representatives
indicated that these officers did not present an arrest warrant but
nonetheless proceeded to take William’s photograph and fingerprint
profile. In the face of these facts, the representatives expressed deep
concern, given that in the days preceding the death of Jhon Carlos
Rodríguez Quintero, a National Police patrol had taken his photo as well.7
The representatives insisted that irregularities had in fact occurred during
William’s detention, and Yimmy Rodríguez Quintero filed a compliant with
the Solicitor General’s office in Ocaña to that effect. The representatives
further requested that the State be required to produce information as to
the status of any disciplinary action in the matter, considering that the
beneficiary did not receive any such information when filing the
complaint.
d. On June 15, 2010, the beneficiary Yimmy Rodríguez Quintero informed
the representatives that the State “ha[d] not renewed his permit to carry
a firearm.” They declared that the beneficiary expressed his concern that
by virtue of not having his paperwork in order, the National Police might
capture him and charge him with illegally carrying a firearm.
16.
Regarding the facts underlying the representatives’ legal complaint, the
State indicated that the aforementioned events of May 14, 2010, “were not an
attempt on the life of Mr. [William] Rodríguez, nor a situation amounting to a
threat that could affect the security of [the Rodríguez Quintero brothers],” but
rather in actuality it constituted the fulfillment of an arrest warrant issued by the
Third Municipal Criminal Court of Ocaña for the alleged offense of theft. The
State explained that on that date officials from the Criminal Investigation Unit of
7
Cf. Case of the 19 Tradesmen v. Colombia. Monitoring Compliance with Judgment and
Provisional Measures regarding Colombia, supra note 3, Considering clause eighty-seven.