30
the beneficiaries currently have would be changed and for this, it would be necessary
for them to deliver the previous ones; it would investigate into the grenade that was
thrown at the residence of Messr. Yimmy Rodríguez and protective service work
would be provided at the residence during the day and night. The State claimed that
such permanent police post was in operation at the moment the facts occurred to the
detriment of Messr. Jhon Carlos Rodríguez Quintero. Furthermore, it communicated
that the regional Ombudsman of Ocaña gave support to the Rodriguez Quintero
family for their relocation to the city of Bucaramanga on July 1, 2009. In addition,
the Police Mayor of Ocaña was contacted in order to be on permanent alert for said
transfer, since the beneficiaries refused the protection of law enforcement officers.
Rodríguez Quintero brothers returned to Ocaña that same day and stayed in contact
with the Regional Ombudsman.
90.
That according to the provision established in Article 63(2) of the Convention,
provisional measures ordered by the Court are binding on the State in conformity to
a basic principle of the law of international responsibility of the States, as supported
by international case law, under which States are required to comply with
international treaty obligations in good faith (pacta sunt servanda). These orders
imply a special duty to protect the beneficiaries of the measures, insofar as they are
in force, and any breach thereto may trigger international responsibility of the
State. 17
91.
That from the information provided, it spring that the protective measures
ordered in favor of Rodríguez Quintero family, since the moment they were ordered,
have not been effective neither sufficient, as to its planning as well as its
implementation in relation to the need of protection. In addition, considering the
evident risk implied in certain alleged acts of threat and harassment committed
against the next-of-kin of the person deprived of life, in particular, the alleged
grenade that was thrown at the residence and machine shop of Messr. Yimmy
Rodríguez a few weeks ago and the alerts that, in that respect, the representatives
declared, the Tribunal deems that, in spite of the coordination meeting held on May
22 this year, some of the measures agreed upon have not been effective and timely
implemented. Nevertheless, as to the specific fact of the death of Messr. Rodríguez,
the information furnished does not allow concluding whether the state authorities
made their best efforts to protect the beneficiaries or whether, under the
circumstances of the moment, they acted diligently and timely.
92.
That it spring from the information provided by the representatives and the
State that, in spite of the fact the State adopted certain measures tending to protect
the members of Rodríguez Quintero family, there persists a situation of extreme
gravity and urgency, inasmuch as there are facts that may cause irreparable damage
to the rights to life and humane treatment of Messrs. Yimmy and Wilmar Rodríguez
Quintero and their next-of-kin.
They continue being subjected to threats and
harassment, and one of the members of such family, beneficiary of the protective
17
Cf. Case of Perozo et al. V. Venezuela. Preliminary Objections, Merits, Reparations and Costs.
Judgment of January 28, 2009. Series C No. 195, para. 70; Case of Hilaire, Constantine and Benjamín et
al. V. Trinidad and Tobago. Merits, Reparations and Costs. Judgment of June 21, 2002. Series C No. 94,
para. 196 to 200. See also Case of the Communities of Jiguamiandó and Curbaradó. Provisional Measures.
Order of the Court of February 7, 2006, Considering clause 7; Case of James et al. Provisional Measures.
Order of May 25, 1999. Series E No. 2, Operative Paragraph 2(b); Orders of June 14, 1998 and August
29, 1998 and May 25, 1999 and August 16, 2000. Series E No. 3, having seen clause 1 and 4; and Order
of November 24, 2000. Series E No. 3, having seen 3. Matter of the Mendoza Prisons. Provisional
Measures. Order of the Court of March 30, 2006, Considering clause ten.