8
19.
The Court
implementation of
family. The Court
security agencies in
takes note of the steps taken by the State for the
provisional measures in favor of the Rodríguez Quintero
similarly appreciates the commitments made by the state
the context of the present measures.
20.
However, the Tribunal observes that a lack of communication between
the authorities and the beneficiaries persists, despite specific agreements
between the parties to cooperate. This is evident mainly in the contradictory
information proffered by both sides before the Court.
21.
The Court likewise notes that despite the state authorities’ pledge to hold
monthly meetings with the beneficiaries (supra Considering clause 8), of the
information submitted to the Court, it becomes apparent that the most recent
meetings took place in March 2010, and that at the last of these the beneficiaries
were not in attendance. It is unknown to this Court why no further meetings
were held after this date. The Court highlights the importance of these meetings
or any other form of communication between state authorities and the
beneficiaries that helps to guarantee the effective planning and implementation
of the protective measures in question. Therefore, the Commission urges the
State to take all necessary steps to keep the beneficiaries and their
representatives informed about progress in the planning and implementation of
the measures ordered by the Court and, if at all possible, to collaborate in this
process.
22.
Regarding the particular dangerous circumstances facing the
beneficiaries, the Court recalls that in its Order of July 8, 2009, it requested that
the parties present “concrete and detailed information with respect to the
beneficiaries’ situation.”9 That information was to contain “a risk assessment, as
well as what constituted specific and adequate means by which to enforce the
protective measures.”10
23.
The Tribunal notes that despite the aforementioned, the information
alleged by the parties is not sufficient to permit an adequate evaluation of the
extent of the hazards facing the beneficiaries, nor to discern the effectiveness of
the State’s protective measures in their favor. Particularly, the Court stresses
that despite the State’s having requested risk assessment studies and apparently
having determined the existence of an “extraordinary” risk confronting the
beneficiaries (supra Considering clauses 12 and 14), the results of these studies
have never been put before the Tribunal, nor has there been any mention made
of them on the part of the State. The Court values the information presented by
Colombia with respect to the measures of protection it has implemented, but
notes that this information cannot be analyzed properly without the
corresponding risk assessment. The information the State has provided simply
does not permit one to conclude with certainty whether, in the present
circumstances, the security measures the State has implemented have turned
out to be useful, effective, and timely.
24.
It is likewise a source
representatives have not submitted
Having Seen clause 27) and that in
have not referred specifically to the
thus far implemented.
of concern for this Tribunal that the
to it the information it has requested (supra
their observations on the State’s briefs they
effectiveness of the measures the State has
9
Case of the 19 Tradesmen v. Colombia. Monitoring Compliance with Judgment and
Provisional Measures regarding Colombia, supra note 3, Considering clause ninety-five.
10
Case of the 19 Tradesmen v. Colombia. Monitoring Compliance with Judgment and
Provisional Measures regarding Colombia, supra note 3, Considering clause ninety-five.