5
Department of Meta. Said group was the one that, allegedly, in the month of
September 2007, sent an electronic mail announcing raids against several human
rights defenders, including Mrs. Rey. Taking into account this type of threats against
Mrs. Rey, which the State considered they were extraordinary risky for her in July
2008, and the attack to which she was subject in October 2009, the Tribunal
considers that there is still a situation of extreme gravity and urgency of causing
irreparable damage to the life and physical integrity that justifies the continuance of
the provisional measures adopted in her favor.
1.2.
On the situation of the beneficiaries Mariela Duarte, widow of Giraldo
and her daughters, Sara and Natalia
11.
The representatives informed that thieves broke into Mrs. Mariela Duarte’s
residence and stole information in 1997, 2005 and 2007 and that, up to the present,
no investigation has been carried out in order to know the causes of the theft and its
perpetrators. They indicated that, “this information has been brought before the
Court’s attention in a report forwarded on April 8, 2009.”
12.
The State alleged that, between 2006 and 2010, it had not received
“information in relation to the theft of information" committed against Mrs. Duarte. It
further asserted that the beneficiaries, Sara and Natalia Giraldo, “live outside
Villavicencio and they are just simply waiting for the implementation of a necessary
measure.”
13.
The Commission did not rule on the risk situation of the beneficiaries Mariela
Duarte and her daughters.
14.
The Court verifies that in a report presented by the representatives, it was
indicated that, on January 8, 2007, Mariela Duarte informed that, on several
occasions, unknown people had broke into her house and that “most of the times,
they had not stolen items of value, but they [allegedly] had left a trace of having
looked for documentation.” Nevertheless, during 2008, evaluations were carried out,
which indicated that Mrs. Duarte de Giraldo and her daughters were at a “common”
level of risk and threat. Therefore, based on this situation and taking into account
that the facts that gave rise to these provisional measures took place more than
thirteen years ago, the Court deems necessary to request the parties to forward
information on the persistence of the situation of "extreme gravity and urgency" that
led to the adoption of the measures in favor of Mrs. Mariela Duarte de Giraldo and
her daughters. Upon receipt of such information, the Tribunal shall assess the
relevance of maintaining these measures.
1.3.
On the situation of the beneficiary Noemy Palencia
15.
The State requested the rescission of the provisional measures in relation to
Sister Noemy Palencia, taking into account that “it has been years since the State
stopped receiving information on her place of residence"; in addition, there is no
request of the beneficiaries to the effect of implementing any measure in her favor
and there is no information on “her interest to return to Meta.”
16.
The representatives pointed out that said beneficiary “had to leave the
country and had been abroad since then and had not returned", which is why "they