7
c)
The Police “have other demands in relation to citizens protection” and
d)
The National Police cannot include on its payroll people who do not
meet the requirements or the selection process of said institution, which is
why it is not possible to satisfy the demand of the beneficiaries in the sense
of appointing bodyguards, of their trust, to provide the service.
22.
Based on the foregoing, the State alleges it had informed the beneficiaries of
two protection proposals: one, “with agents selected by the Police (without
bodyguards of trust) [or, the other one, by means of personnel] hired by a private
security company where bodyguards of trust are able to participate.” In case of
accepting “that a private company [with experience in use of weapons, duly
regulated and controlled by the Superintendency of Surveillance and Private
Security] provides the services, the State indicated, as follows: a) that “it [would]
keep being responsible according to its obligation” in “all the activities carried out
during said delegated operation which, also, is jointly administered in coordination
with security bodies"; b) that it would implement "mechanisms to supervise the
operation of these schemes with the participation of the beneficiaries", and c) that
the Attorney General’s Office [would] participate in such supervisory mechanism “to
provide the beneficiaries with full guarantees.” The State expressed that “if the
beneficiaries request for bodyguards of their trust”, the respective resumes “could be
considered in a private company”, which is not possible for the police body.
23.
The State specified that this scheme “must be complemented” with “the Police
and the Army whenever necessary” to “coordinate [the] services.” It also alleged
that, in the last year, "it has subcontracted the implementation of 210 schemes with
private companies", in those cases where the beneficiaries have voluntarily
requested so. It argued that “it is totally inaccurate” to indicate that the demobilized
paramilitary groups are somehow related to these private security companies, taking
into account that the proposal would refer to "bodyguards of trust suggested by the
beneficiaries" and that in Colombia, the law "does not allow the demobilized people
to carry weapons.”
24.
The representatives pointed out that, “there are certain doubts" about this
proposal and that the beneficiary Islena Rey "has not been consulted about these
options.” They further alleged that the proposal made could mean that “the State
responsibility has diminished due to the delegation" and that there are complaints
according to which the demobilized people have been offered the possibility of
joining these private security companies. For this reason, they requested information
on this aspect “which affects the protection offered” and the guarantee for the people
who are at risk.
25.
Taking into account that the representatives have been informed, at the
hearing, on the proposals and arguments presented by the State as to the new
security scheme, the Court requests them to present observations in the term
established in the corresponding operative paragraph of this Order and, in case of
not accepting said proposals, present another choice.
2.2.
On the protective measures in favor of the beneficiary Mariela Duarte
de Giraldo
26.
The State informed that police patrols have been properly performed around
her residence. It further alleged that, before the request to extend the patrols