6.
The Commission’s arguments on which it based its request for the broadening of
provisional measures, including the following:
a)
b)
c)
d)
e)
During the period that these provisional measures have been in force, "the risk
that initially evidenced itself in threats against the two human rights defenders
has gradually extended itself to their immediate families." There is "sufficient
evidence to assume that the attacks and the facts on which the initial adoption of
these measures were based are related.” They highlighted that in the complaint
brought before the Attorney General by Lubin Alfonso months before his death,
he stated that the "threats and attacks on him and his uncle […] were the result
of his grandmother's leadership;"
The aforementioned incidents of attacks and intimidation "taken as a whole and
analyzed with regard to the facts on which these provisional measures were
based allow one to argue that the immediate family of human rights defender
[María del] Socorro Mosquera is in a situation of extreme gravity and urgency,"
this based on: i) the repeated way in which attacks have taken place against the
proposed beneficiaries, given that "the sequence of acts of intimidation, threats,
and physical and verbal attacks that the relatives have suffered […] repeated
itself multiple times between November of 2010 and February of 2011;" ii) the
intensification of the seriousness of the acts committed, up to the point that one
of the relatives was murdered, as the child Lubin Alfonso was "first beaten,
threatened with death, and finally murdered," evidencing "a steady increase in
the seriousness of the acts to which he was a victim,” and iii) the alleged
participation of State agents in several of the attacks;
Other members of the family of beneficiary Mosquera Londoño have also been
threatened "and as happened in the case of Lubin Alfonso, an attack against life
or personal integrity could be repeated;"
The "acts of aggression and harassment added to the alleged participation of
State agents in their perpetration exposes the relatives of human rights defender
Socorro Mosquera to a situation of extreme gravity and urgency considering that
with the exception of the murder of the child Lubin Alfonso - which took place
under circumstances that have not yet become clear - all the other attacks and
harassment alleged by her relatives have been committed by […] State agents;"
and
"In addition to presenting a situation of extreme gravity and urgency with regard
to their lives and personal integrity, the context of attacks and harassment
against the relatives of [María del] Socorro Mosquera translates into an obstacle
to the community activities carried out by Ms. Mosquera to the benefit of the
rights of the victims of the displacement of Comuna XIII,” as "her children […]
also work for the benefit of the young people of Comuna XIII in Medellin.”
7.
The Inter-American Commission's request, based on Article 63(2) of the
American Convention and Article 27 of the Rules of Procedure, that the Court require the
State to carry out the following:
a)
Take urgent measures to protect [the] life and personal integrity [of the proposed
beneficiaries];
b)
Investigate the facts behind this request for the broadening of provisional measures
as a means of protection and in order to ensure that the threats are not carried out[,] and
c)
Coordinate the provisional measures with the proposed beneficiaries and their
representatives.
CONSIDERING THAT:
3