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around her office, “the Police Commander of Meta has expressed that there is no
inconvenience to do that.” The representatives ratified that “the beneficiaries have
accepted, as protective measure, the police patrols mentioned by the State.”
27.
The Commission expressed its great pleasure for the agreement between the
parties regarding the patrols in favor of the beneficiary Mariela Duarte. However, it
alleged that “there is lack of information” about the proposal for protection made by
the State and that it is necessary to clarify what may correspond, taking into account
“the accusations of an intelligence strategy by the DAS, which would be the body
that is providing the protection so far.”
28.
The Court takes note of the agreement between the parties regarding the
adjustments made in the protective measures in favor of the beneficiary Mariela
Duarte de Giraldo and it is looking for further information on their implementation.
*
*
*
29.
The Tribunal considers that the implementation of periodic meetings with the
representatives of the beneficiaries tends to guarantee their participation in planning
and implementing the protective measures ordered in their favor. Therefore, the
Court urges the State to adopt the take the pertinent steps to maintain the
beneficiaries or their representatives informed on the progress of the measures
ordered by the Tribunal and facilitate their collaboration in the planning and
implementation thereof.
3.
On the investigation of the facts that gave rise to the provisional
measures
30.
The State acknowledged that “there are no” new facts to report that would
“allow making progress in the clarification” of the facts that gave rise to the
provisional measures. The State expressed its willingness to “undertake a
commitment” before the Court to the effect of “requesting the Justice and Peace Unit
[Unidad de Justicia y Paz] so that the Justice and Peace group in charge of
investigating the facts in which the members of the self-defense groups
[Autodefensas] that operated in the Meta area were involved, be specifically asked
as to their possible participation in those events.” The State pointed out that it is
necessary to bear in mind the corresponding stages before the Justice and Peace
Unit, which “has a mandate from the Constitutional Court so as not to conduct
investigations on a priority basis.” Furthermore, the State stressed that the
beneficiaries "have a good relationship with the DAS", which is why the
investigations in that respect are not applicable. Finally, in relation to the
investigation into a suspicious electronic mail received by Mrs. Rey, the State pointed
out that it has already informed that it was about an electronic phenomenon called
“fishing”; therefore, “the Police took no action in relation to the interception of these
communications.”
31.
The representatives alleged that based on the reference made to the Justice
and Peace Unit, “they do not know to what facts the State is referring", that is,
"whether the State refers to the murder of Josué Giraldo or whether it is making a
reference to the attacks to which the members of the Meta Committee have been
subject.” Moreover, they pointed out that “the Justice and Peace process” requires "6