21
asked the Court to request detailed information from the State on these new incidents, as
well as on "the measures adopted to counteract them" and the investigations launched
on them. In particular, it highlighted that the State had not made reference in its reports
to the incidents reported by the representatives with regard to "pamphlets, murders,
explosions during the nights, and the alteration of the public order due to confrontations
between paramilitaries and narcotraffickers" that would place the beneficiaries in a
situation of risk. For this reason it reiterated that it considered it necessary for Colombia
to provide detailed information on this, and especially to "take those threats into account
in the measures it adopts to safeguard the personal integrity of the beneficiaries." It
considered that "the information provided with regard to the incidents of August 25,
2010, could be one more example of the situation of lack of protection" faced by the
beneficiaries. It found it necessary for the State to adopt proper measures as soon as
possible given that the protection granted had not been sufficient.
3.1
Considerations of the Court on the situation of risk faced by the
beneficiaries
69.
The Court reiterates that in the context of provisional measures, it falls to the
Court to consider only and strictly those arguments directly related to extreme gravity,
urgency and the need to avoid irreparable damages to persons. Any additional fact or
argument can only be examined and resolved during the deliberations on the merits in
the adversarial case.28
70.
The Tribunal observes that according to the information submitted by the parties
(supra Considering 65, 66 and67), while these provisional measures have been in force
the beneficiaries have continued to be subjected to acts of harassment, intimidation, and
other situations that have put their lives and personal integrity at risk or affected them.
In this regard, it highlights that while these provisional measures have been in force, two
beneficiaries have been murdered, to wit: Javier Augusto Torres Durán and Sebastián
Naranjo Jiménez (supra Considering 44 and 47). Likewise, it observes with concern that
the State has not submitted information on what the representatives have indicated with
regard to what allegedly took place on May 21, 2010, to the detriment of beneficiary
María del Socorro Mosquera Londoño, nor on the authorities’ alleged lack of proper
attention with regard to the incident (supra Considering 65(e)). Likewise, it notes the
contradictory information submitted by the parties with regard to what happened on
August 25, 2010, in the area of the residence of the beneficiaries (supra Considering
65)(f) and (66)(b)). Consequently, this Court finds that a situation of extreme gravity
and urgency prevails that puts the lives and personal integrity of the beneficiaries of
these measures in grave risk.
71.
It can be deduced from the information provided that the protective measures
adopted by the State to the benefit of beneficiaries have been neither effective nor
sufficient, both in their planning and their implementation, with respect to the need for
protection However, the Court observes that in certain situations the lack of
communication between the beneficiaries, the representatives, and State authorities, as
well as the absence of agreement as far as the protective measures that should be
adopted, have exacerbated the situation. The Tribunal reiterates that the State’s adoption
of particular measures of protection is not enough. Rather, these measures and their
implementation must be effective such that the threats toward and harassment of the
individuals whose protection is sought cease. The Court exhorts the beneficiaries, their
representatives, and the State to seek more appropriate channels of communication in
28
Cf. Case of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of August 29, 1998, Considering six; Matter of the Jiguamiandó and Curbaradó Communities,
supra footnote 25, Considering 6, and Matter of Gladys Lanza Ochoa, supra footnote 3, Considering 7.