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c)
Since the grant of precautionary measures on the part of the InterAmerican Commission in favor of the ICJP, that is, since September 8, 2003,
and despite the State allegedly providing cellular and satellite phones,
vehicles, transportation support, and protection schemes complete with
armored cars to the members of ICJP, the members maintained that “the
danger involved persists, having increased over the past two years”;
d)
The alleged facts giving rise to this request for provisional measures
are: 1) alleged “intelligence activities against the ICJP and its members”; 2)
alleged “threats and attempts on the right to humane treatment of various
members of the organization”; 3) alleged “set-up operations to frame various
members of the organization,” and 4) false “accusatory and smear campaigns
against them”;
e)
As to the first point, according to information provided by ICJP, its
members have been “the target of activities by the state intelligence
services,” which have become apparent through surveillance, e-mail
interceptions, immigration records, and activities directed at initiating
baseless legal actions against its members.
The ICJP indicated to the
Commission that in one of the reports issued by the Attorney General “within
the framework of investigations into the so-called offensive intelligence
activities,” it is clear that the Special Intelligence Group (G-3) of the
Administrative Department of Security (hereinafter, the Spanish acronym
“DAS” for “Departamento Administrativo de Seguridad”), created “to gather
intelligence on different human rights organizations,” had information in its
possession about ICJP activities. This report allegedly linked the ICJP with
operations of the Revolutionary Armed Forces of Colombia (“FARC”). The
Commission is of the position that “the existence of intelligence groups
specialized in monitoring human rights organizations and the lack of precise
information on the State’s part concerning the actual functions of such groups
creates a situation not only of uncertainty for ICJP members, but of imminent
risk”;
f)
Regarding the second point, during the period allotted for
precautionary measures “and despite them, the beneficiaries have continued
being the target of threats, accusations, surveillance, and harassment, which
have been on the rise in recent months.” Among the deeds that ICJP
members have allegedly suffered since 2008 are: the kidnapping of Yimy
Jansasoy by a group of paramilitaries, three written death threats, and a plan
to forcibly disappear Danilo Rueda and Abilio Peña, members of ICJP’s
coordinating team. Furthermore, ICJP indicated that its members had
received numerous threats from the “Black Eagles” paramilitary group in 2009
and that members of the organization that work in “other departments” have
received threatening telephone calls or text messages telling them to cease
their activities. In December 2009, members of the ICJP who carry out
missions in the Jiguamianó and Curvaradó regions allegedly “received threats
from unknown persons and from members of the Colombian army.” On the
19th of that month, members of the ICJP received word that paramilitaries
from the areas of Urabá and Bajo Atrato had declared them to be “military
targets.” ICJP members stationed in the Putumayo region were obliged to
withdraw from that area owing to the threats and harassment they received.
Likewise, due to such threats, the organization’s teams who work in different