9
25.
However, the Tribunal considers that, by virtue of the apparent
“extraordinary” risk the Rodríguez Quintero brothers face and the agreement
between the parties regarding the maintenance of provisional measures in the
brothers’ favor, there persists a prima facie situation of extreme gravity and
urgency that could lead to irreparable harm to Messers Rodríguez Quintero and
their families. The Court also observes that the truth of certain facts alleged by
the representatives such as the supposed threat received on July 5, 2009, and
the allegedly intimidating visit of November 6, 2009 (supra Considering clauses
15(a) and 15(b)), has not been sufficiently clarified, despite the events having
occurred while the State’s special security measures were in effect.
26.
Thus, this Court considers it necessary to maintain the provisional
measures currently in effect in order to protect the life and personal integrity of
Wilmar Rodríguez Quintero, Yimmy Efraín Rodríguez Quintero, Nubia Saravia,
Karen Dayana Rodríguez Saravia, Valeria Rodríguez Saravia, and William
Rodríguez Quintero.
27.
Lastly, owing to the aforementioned considerations, the Tribunal finds it
necessary that both, the State and the representatives, present detailed and
complete information on the beneficiaries’ situation within the time frames
established in the Operative Paragraphs of the present Order. In particular, the
Court requests that the State submit to it information on any risk assessment
studies that have been carried out, accompanied by documentation supporting
the study and its results as well as the specific security measures that should be
implemented in accordance with these results. In order for this to occur, the
beneficiaries and the representatives must give the State their full cooperation.
The Court also asks that the representatives submit their observations regarding
the protective measures the State has thus far implemented in fulfillment of the
current provisional measures.
28.
Additionally, the Court asks that the Commission and the
representatives submit their observations to the State’s assessments within the
time frame established for that purpose.
2.
Regarding the situation faced by Salomón Flórez Contreras,
Sandra Belinda Montero Fuentes, Luis José Pundor Quintero, and
their respective families
29.
The representatives reported that the beneficiaries Salomón Flórez
Contreras, Sandra Belinda Montero Fuentes, Luis José Pundor Quintero, and their
families expressed their desire not to participate in an eventual risk assessment
study “owing to the lack of trust they feel towards any member of the army and
police.” In particular, regarding these three beneficiaries and their families, they
indicated that:
a. Salomón Flórez Contreras, by means of a telephone conversation with his
wife, informed the representatives that he and his family had not had any
recent problems with their personal security and that, for this reason, they
did not wish to have any contact whatsoever with members of the army or
the police.
b. Sandra Belinda Montero Fuentes, also over the telephone, informed the
representatives that she had not had any particular problems with her
personal security either, and thusly, “in [that] moment she was at peace
and did not require protection.” Regarding her family, she indicated that
her daughter, Sandra Katerine Ayala Montero, had decided to leave the
country because of threats she received in 2004; meanwhile her youngest
daughter, María Paula Casanova Montero, was living with her while her