10
i. regarding the investigation into the murder of Mr. Malagón and Mr.
Giraldo, “[t]he State of Colombia has not submitted to the Court
serious arguments which show that it is unable to investigate into
these facts and elucidate them. […] It is obvious that the State of
Colombia has not undertaken the investigations in a serious manner
and as a duty of the State to elucidate the facts.” Since the adoption
of provisional measures was ordered in October 1996, the State has
repeatedly submitted the same information, pointing out that the
investigation was at the preliminary stage and that evidence was
being collected. Therefore, they consider that the State must inform
about the obstacles it has encountered and indicate the strategy
designed to cause said investigations to progress significantly;
ii. regarding the investigations into the threats against Ms. Rey, the
lack of response concerning the elucidation of the facts which gave
rise to the adoption of the provisional measures is to be remarked.
Such investigations have led neither to the elucidation of any of the
threats or acts of harassment, nor to the identification, trial, and
punishment of those responsible for such acts. Furthermore, the
State of Colombia has merely pointed out that the investigation
proceedings were closed, without describing or explaining the steps
that were taken so that such investigations were conducive to the
compliance with the duty to prevent threats. The fact that there was
no “partie civile” cannot be used as an excuse to for the lack of
progress in the investigations. The proceedings should be reopened
and an investigative line should be designed which allows identifying
the source of the threats and addressing the source of risk to Ms.
Rey; and
iii. regarding the disciplinary investigation started against escort Luis
Adolfo Cárdenas-Barrera, Ms. Rey completely disagrees with the
decision to close the proceedings, as it was not taken on the grounds
of the events which actually occurred.
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. the commitment taken on by the Government to hold a meeting
with the local authorities has not been met to date;
ii. the State must inform about “the relation between the Action Plan
‘Visión sin Límites’ and the compliance with the protection measure
referred to the reopening of the Comité Cívico por los Derechos
Humanos del Meta (Meta Department Human Rights Civic
Committee) […];” and
iii. the State must “start and conclude such actions as may be
necessary to seek the reopening of the Comité Cívico por los
Derechos Humanos del Meta (Meta Department Human Rights Civic
Committee),” a measure which will lead to reestablishing the
conditions for the effective guarantee of the defense of human rights,
as well as “develop actions so that Islena Rey, the only member of
the Comité por los Derechos Humanos del Meta (Meta Department
Human Rights Civic Committee) who still lives in Villavicencio, may
reassume her activities at the non-government organization.”
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