8
2005; concerning the implementation of the protection measures
afforded thereto;
ii. other meetings have been convened, but neither the beneficiaries
nor their representatives have attended them; and
iii. on July 22, 2005 a meeting was held in Meta Internal Affairs and
Security Department in order to discuss and take such steps as may
be necessary regarding the provisional measures. Since Ms. Rey has
not informed the regional authorities about her concerns regarding
her safety nor does she allow a risk reassessment to be carried out
every six months, at the above-mentioned meeting it was agreed
that every body should submit a report describing the response given
to Ms. Rey’s requests and motions.
9.
The note of the Secretariat of the Court (hereinafter “the Secretariat”) CDHS/326 of March 29, 2004, whereby it informed the representatives that:
“[…] pursuant to the Order of the Court of November 25, 2003, whereby, inter alia,
Article 25 of the Court’s Rules of Procedure was amended, the beneficiaries of the
provisional measures ‘may submit their observations on the report of the State directly
to the Court’ [in the instant case within a term of four weeks].”
10.
The communications submitted by the representatives of the beneficiaries on
April 29, 2004; June 24, 2004; January 12, 2005; June 13, 2005; October 10,
2005; November 4, 2005; April 17, 2006; and September 26 and 27, 2006;
whereby they pointed out, inter alia:
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 Mariela de Giraldo and her two minor
daughters, Sara and Natalia Giraldo, that:
i. the protection measures afforded to Ms. Rey are not being properly
implemented and deficiencies and difficulties have systematically
arisen. Therefore, the State has not afforded due protection;
ii. Ms. Rey has had serious problems with the behavior, attitudes,
and performance of her escorts. Furthermore, the complaints duly
made by Ms. Rey have not been given proper attention, which has
affected the proper implementation of the protection measures;
iii. the vehicle allocated to the protection plan afforded to Ms. Rey is
in poor operating and mechanical conditions, whereby it had to be
taken to the repair shop. During the period when such vehicle was in
the repair shop, the DAS did not allocate any other vehicle to
facilitate the implementation of the protection measures, which put
the beneficiary in an evident state of vulnerability. The
representatives have filed a request before the Ministry of the
Interior and Justice so that under the Protection Program the abovementioned vehicle may be replaced by another one in good operating
conditions. The failure to allocate the necessary resources to allow
Islena Rey to travel safely in order to carry out her activities as a
defender of human rights, such as vouchers to get fuel for the vehicle
and/or a vehicle in good operating conditions, puts the efficacy of the
protection measures at risk;
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