17.
The Court observes that there is a discrepancy between the information presented by
the State and the observations of the representatives on this point. However, it also notes
that, above all, both the State and the Inter-American Commission refer, in general, to the
members of the communities of the Curvaradó and the Jiguamiandó, and not to the
members of the humanitarian zones of Nueva Esperanza, Pueblo Nuevo, Caño Claro and El
Tesoro, and of the five biodiversity zones known as Erasmo Sierra, Enrique Petro, Familia
Tuberquia, Ligia María Chaverra and Efrén Romaña. For their part, the representatives
stressed that they had proposed to the State an integral protection plan for the beneficiaries
but that to date they have not received an answer. In this regard, notwithstanding the
following findings in this Order (infra considering paragraphs 45 to 56), the Court reiterates
that the State must, in all circumstances, adopt the necessary individual and collective
measures to protect the life and integrity of the members of the said humanitarian and
biodiversity zones (supra considering paragraph 13).
C.
Participation of the representatives designated by the beneficiaries of these
measures in the planning and implementation of the measures and that, in
general, the State keep them informed of progress in the measures ordered by the
Inter-American Court of Human Rights
C.1.
Information provided by the State
18.
The State indicated that, in recent years, in the process of implementing these
provisional measures, various monitoring and concertation meeting had been held during
which the representatives and the beneficiaries had presented isolated requests, concerns
and other observations that had been heard by each entity responsible for implementing the
provisional measures. In this regard, the State advised that, on August 23, 2012, at the
request of the representatives, a meeting had been held “[s]o that the State could monitor
[…] the provisional measures ordered by the Inter-American Court […].” According to the
State, the meeting was attended by officials from the Ministry of Foreign Affairs, the
Ombudsman’s Office, the Prosecutor General’s Office, the Ministry of the Interior, the
Presidential Human Rights Program, the Attorney General’s Office, the Ministry of Defense,
the National Police and the Special Administrative Unit for Attention and Integral Reparation
to Victims. In addition, the State underlined that the individual measures of protection had
been agreed upon with each of the beneficiaries in the communities, taking into account a
differentiated approach and the geographical location of the area.
C.2.
Observations of the representatives
19.
The representatives indicated that, on March 11, 2011, they had given the director
of the Protection Unit, a list of 49 persons from the communities of Curvaradó and
Jiguamiandó who were at “extreme risk,” including: Manuel Denis Blandón, Melkis Romaña,
Romualdo Salcedo, Enrique Petro, Pedro Cortés, Benjamín Sierra, Erasmo Sierra, Manuel
Santana, Cristóbal Reyes, Atanael Martínez, María Ligia Chaverra, Uriel Tuberquia and
Adriana Tuberquia. In this regard, they indicated that the Protection Unit had “conducted
the risk assessments, the results [of which] had not been announced; according to the Unit,
because of safety protocols.” They also indicated that, on February 5, 2013, the director of
the Human Rights Unit of the Ministry of the Interior had met with Enrique Petro, two
members of the Ruíz Gallo family, and three representatives of the beneficiaries.
C.3.
Observations of the Inter-American Commission
20.
The Commission underlined that no meetings had been held since February 2012,
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