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iv. Islena Rey is the only beneficiary of the measures ordered by the
Court who at present is afforded protection; and
v. on January 21, 2002, “after almost two years of starting the
pertinent steps, a professional survivor pension was finally granted to
Ms. Giraldo and her daughters Sara Jimena and Natalia Giraldo.
b)
Regarding the investigation into the facts denounced which gave rise
to the adoption of these measures in order to identify those responsible for
such acts and, where appropriate, punish them, that:
i. regarding the investigations into the murder of Mr. GiraldoCardona, the State has submitted the same information for several
years, informing that it is at the preliminary stage. The duty to
investigate must be the object of a global and clear assessment
regarding the outcome expected from the adoption of provisional
measures, namely, the elimination of the risk of irreparable damage,
by showing that the risk factors have been identified and the threat
they posed, eliminated. The repeated arguments submitted by the
State concerning the future progress of the investigations is not
satisfactory;
ii. no substantial progress has been made in the investigation
proceedings regarding the murder of the Zárate-Triana brothers;
iii. the investigation proceedings started against Víctor HarrinthonAlvarado-Rivera and Elver Alexander Penagos-Muñoz for illegally
bearing weapons, as they were detected and intercepted while
prowling on a motorbike around Ms. Rey’s house, are insufficient
from the point of view of the protection and prevention concerning
the safety of Islena Rey, as no relation has been established or
inquiry conducted regarding the acts of harassment against Ms. Rey;
and
iv. the restraining orders issued in the investigation proceedings
regarding the threats and attacks against the beneficiary Islena Rey,
as well as the failure to reopen such investigation proceedings are a
cause for concern. Only through an effective investigation can the
elimination of the risk of irreparable damage underlying the order for
provisional measures to be adopted be guaranteed.
c)
Regarding the steps taken with a view to reopening the Comité Cívico
por los Derechos Humanos del Meta (Meta Department Human Rights Civic
Committee), that:
i. it considered the joint initiative to visit the city of Villavicencio and
hold a meeting with the participation of the local authorities to be a
positive one;
ii. the State must make clear the bearing of the local plan proposed
by the regional authorities on the obligation of the State to enable
the reopening of the Comité Cívico por los Derechos Humanos del
Meta (Meta Department Human Rights Civic Committee); and
iii. in order to reopen the above-mentioned Committee detailed
information is required which shows clearly the local authorities’
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