addition, she stated that she had “never received telephone calls from a person named
Armando Céspedes Espinoza or from state officials, specifically from the CTI or the
National Police.”
13.
The Commission noted that, regarding the case concerning the alleged threats
against Sara Paola Pinzon, this referred to investigations conducted in 2009, which the
Court already knew about, and that the State had not referred to any recent procedure
in the context of this investigation.
1.4. Situation of Luis Guillermo Perez
14.
The representatives advised that Luis Guillermo Perez and his next of kin were
forced to leave the country several years ago, as a result of the threats and
harassment against him owing to his participation as defense counsel in the case being
processed for the facts of the Mapiripán Massacre. Mr. Perez decided to return to
Colombia as a member of the Colectivo de Abogados Jose Alvear Restrepo (hereinafter,
“CCAJAR”) on July 30, 2010, and therefore they requested measures of protection for
him.
15.
The representatives stated that, currently, a campaign of stigmatization and
harassment was being carried out in Colombia against the CCAJAR. The relationship
between these acts and those that gave rise to the request for provisional measures
may be analyzed in light of the letter sent to the President of the Republic Juan Manuel
Santos by General Jaime Humberto Uscátegui, sentenced and convicted in the case of
the Mapiripán massacre, in the criminal proceedings conducted based on the facts. The
representatives sustained that, in this communication, General Uscátegui commended
a manifestation held against the CCAJAR, and referred expressly to the lawyers Luis
Guillermo Perez and Eduardo Carreño, stating that there were irregularities in the
criminal proceedings and asking the President of the Republic to order the pertinent
measures.
16.
The Commission indicated that a direct relationship existed between the
departure from the country of Luis Guillermo Perez and the harassments of the
Colectivo de Abogados, as well as the facts that gave rise to the adoption of measures.
17.
The State indicated that, under the precautionary measures requested by the
Inter-American Commission in favor of the members of the CCAJAR, Luis Guillermo
Perez also enjoys the protective measures that are implemented collectively by the
Ministry of the Interior and Justice in favor of its members; they consist of protection
for the office, a vehicle and AVANTEL communication equipment.
2. Request to lift the measures
18.
The State indicated that, despite the Court’s request in its Order of September
2, 2010, the beneficiaries of the provisional measures had not presented information
on the situation of each of the beneficiaries. In addition, it had not received requests
for protection from them and did not know where they lived.
19.
The Commission indicated that, at least, Viviana Barrera has stated that she
continues to receive telephone calls that could fall within the context of intimidation
and threats. The Commission considered it essential that, together with the risk
assessments, all necessary efforts were made to ensure that the criminal
investigations contribute to identifying the sources of risk in order to verify whether it
5