11
d)
Regarding the participation of the petitioners in the planning and
implementation of the provisional measures, that:
i. the last meeting aimed at monitoring the implementation of the
provisional measures was held on January 27, 2005, that is, over a
year ago, and though the State is aware of the various difficulties
that have arisen, it has not convened any further such meetings;
ii. the monitoring of the compliance with the measures has not been
seriously arranged with the Government. Though the dates for such
meetings to be held was set, they are not taken into account and
when the date comes no meeting is called; and
iii. it is necessary that the State seeks a mechanism or a periodic and
formal procedure to monitor the implementation of the provisional
measures so that the measures aimed at complying with the
protection ordered are coordinated, planned, and implemented.
11.
The communications submitted by the Inter-American Commission on
Human Rights (hereinafter “the Inter-American Commission” or “the Commission”)
on February 16, 2002; September 4, 2002; November 18, 2002; January 10, 2003;
May 20, 2003; June 6, 2003; September 8, 2003; October 31, 2003; January 21,
2004; November 11, 2004; May 24, 2005; September 29, 2005; December 27,
2005; April 6, 2006; and October 6, 2006; whereby it stated, inter alia, that:
a)
Regarding the measures adopted to protect the life and physical
integrity of Sister Noemy Palencia, as soon as she returns to Meta
Department, of Islena Rey, and of Mariela de Giraldo and her two minor
daughters, Sara and Natalia Giraldo, that:
i. there is no controversy as to the fact that protection measures
have been adopted in behalf of Ms. Rey, but from the observations
submitted by the beneficiaries it can be inferred that difficulties have
arisen with the implementation thereof, particularly regarding the
escorts. The conflicts and differences that have arisen must be solved
in good faith, through decisions adopted at the joint meetings to be
held in order to plan and implement the measures;
ii. Ms. Rey has communicated with several authorities to inform
about the problems arisen regarding the protection service,
specifically about the resources necessary, the necessary repairs and
servicing of the vehicle, which is in poor operating conditions, and the
payment of salaries to the escorts. It took the State over a year to
replace escort Luis Adolfo Cárdenas-Barrera due to the irregularities
reported on his performance on duty, his lack of professionalism, and
his absences, all of which had a negative impact on the safety of the
person to whom protection is afforded. The “negligence concerning
the person who is under the protection program has put her in a
state of defenselessness and serious risk for her health and physical
integrity;”
iii. by September 2002 further acts of harassment had occurred
against Islena Rey and the implementation of the protection
measures had been hampered, whereby her life was, at least at the
time, at risk and in imminent danger;
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