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1) Regarding the beneficiary Gonzalo Arias Alturo
7.
The State manifested that, while Mr. Gonzalo Arias Alturo (hereinafter, “Mr.
Arias Alturo”) was deprived of his liberty in different penitentiary centers, the
National Penitentiary and Prison Institute adopted the necessary measures to
guarantee his life and personal integrity without him suffering any type of attack.
Recently, on November 23, 2009, Mr. Arias Alturo obtained the benefit of conditional
liberty, a fact that was communicated to the security bodies of the State and to the
Office of Human Rights of the Ministry of the Interior and Justice, for them to provide
security measures. Given the insistence of the State to warn the beneficiary that his
security measures must be extreme, at the moment he was freed, he manifested
that he did not need any protection by the State and that “the only thing he needed
was to be set free immediately, under the threat of denouncing kidnapping since
they would not let him go.” Said situation was communicated to the Defense of the
People and of the Commander of the 5th Brigade of the National Army, so as to
coordinate whichever security procedure deemed necessary for the beneficiary.
Since he was set free, the whereabouts of Mr. Arias Alturo are unknown. On the
other hand, the State reiterated that, despite the provisional measures, said
beneficiary has not cooperated in an effective manner with the investigation of the
forced disappearance of Isidro Caballero Delgado and of Maria del Carmen Santana
nor in the search for the mortal remains of the victims.
8.
The representatives stated in their briefs that they could not make
observations on the situation of Arias Alturo because they had not been called to
coordinate or to learn of the adopted measures regarding said person.
The
beneficiary may be a source of explanation regarding the facts and of the final
whereabouts of the victims of the present case, but has not offered information
because he does provide information because he does not count on the necessary
security conditions; during his detention “he has been […] visited by members of the
public force at the jails where he had been imprisoned.” Also, the representatives
specified that said beneficiary did not grant them the power to represent him, but
only sent them communications in which he said, for example, that he had been
visited “by members of the Army,” or that one of his brothers had been assassinated
while he was deprived of his liberty, a reason for which he feared to offer
information regarding the present case. All together, the representatives provided
that they did not have contact with the beneficiary, that they did not know if he was
willing to offer information about the case, that they could not affirm effectively if he
continues to be in a situation of risk, and that they could not endorse the request of
the State to rescind the measures ordered in favor of the beneficiary.
9.
The Commission valued the measures adopted by the State regarding Mr. Arias
Alturo; nevertheless, it did not present observations regarding the current situation
of the beneficiary, nor regarding the request formulated by the State to rescind the
provisional measures ordered in favor of said beneficiary.
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10. The Court valued the efforts made by Colombia with the purpose of
implementing the provisional measures ordered in favor of Mr. Arias Alturo. In this
sense, the State allowed for the beneficiary to serve his sentence of imprisonment in