3
force. Any other issue may only be brought to the Court‟s attention by means of a
contentious case.3
A. Regarding the situation and measures of protection implemented in
favor of the beneficiaries
a.1
Regarding the measures of security and protection adopted in favor of the
beneficiary Islena Rey
6.
In its last report, the State advised that the measures of protection agreed in favor
of Islena Rey consisted of “two (2) escort units contracted out and one (1) agent escort,
equipped with their respective weapons, supported by an armored car.” 4 In addition, in
December 2010, it indicated that, at a meeting held on October 7, 2010, the beneficiary
Islena Rey had requested that an “escort who she trusted” be hired to complete her
protection scheme. In this regard, it advised that, on October 13, 2010, the Administrative
Department of Security (hereinafter “the DAS”), “having complied with the entire procedure
requested,” had hired the person proposed by the beneficiary as the escort who she
trusted.5 In addition, in its report of October 6, 2011, it indicated that the said beneficiary
had been provided with two “Avantel” means of communication since February 21, 2007,
and one mobile telephone since February 28, 2006, all of which she still uses. Colombia also
indicated that the beneficiary had been assigned “a monthly […] fuel supply,” and this was
confirmed in its report of December 2010. Moreover, in that report, it added that, because
of the problem concerning the fuel supply mentioned by the beneficiary, “she was being
[provided] with vouchers for smaller amounts” so as to solve the problem, “because there
was no other way to deal with the supply of fuel.” It also indicated that, although the
vehicle assigned to the beneficiary had “[experienced] mechanical failures […], the Ministry
of the Interior and Justice had proceeded to replace [it] temporarily with another vehicle
while it was checked and the necessary repairs were made.” The State described the repairs
to the vehicle and indicated that they corresponded to normal wear and tear and “not to
negligence on the part of the State officials.”
7.
The State referred to the measures of security put in place to protect the Civic
Committee‟s office. In this regard, it indicated that the “Committee for the Regulation and
Evaluation of Risk [CRER] had recommended that the National Police assess the security of
the building in which the said Committee‟s office was located. In this regard, the State
indicated that “it [was] not possible to reinforce the said office, [because] the beneficiaries
[were] not the owners [of the building,] but only the lessees.” In addition, it advised that
“law enforcement units, headed by the National Police, are [conducting] continuous police
inspections of the offices of the Civic Human Rights Committee of Meta in order to
3
Cf. Matter of James et al. Provisional measures with regard to Trinidad and Tobago. Order of the Court of
August 29, 1998, sixth considering paragraph; Matter of María Lourdes Afiuni, supra note 1, eighth considering
paragraph, and Matter of José Luis Galdámez Álvarez et al., supra note 1, seventh considering paragraph.
4
Previously, in a report of October 6, 2010, Colombia indicated that the protection scheme for the
beneficiary Islena Rey “consisted of two (2) escorts and one (1) armored car,” to which “support in the form of fuel
had been assigned.”
5
Previously, in its report of June 1, 2010, the State had advised in relation to the protection scheme for the
beneficiary Islena Rey that, up to March 31, 2010, the scheme consisted of two hired escorts and an escort agent,
plus a vehicle. However, in December 2009 and March 2010, the beneficiary asked that one of the hired escorts be
changed, “arguing that she lost confidence in the said hired escort”; therefore, the beneficiary presented the
résumé of two persons of trust. The DAS proceeded to examine said résumés; however, “unfortunately” the
persons proposed by the beneficiary did not satisfy the age requirement; therefore, the beneficiary was informed
that she could present new resumes. Despite what the State indicated in the said report, the escort hired by the
DAS in October 2010 was one of the two persons of trust initially proposed by the beneficiary.