14
12.
The Inter-American Commission has argued in its request for provisional
measures for the existence of threatening acts and harassment against the lives and
right to humane treatment of CCJ members. In its request, it referred to this point
generally, adducing that “the beneficiaries continue to be the target of harassment,
intimidation, and monitoring.” Particularly, it indicated that Ana María Rodríguez and
Lina Paola Malagón, members of the CCJ who had received death threats in March 2008
and March 2009, respectively, had seen no progress in the investigations launched into
the events. Furthermore, the Commission remarked that in December 2008, other
alleged acts of harassment against CCJ members on the part of State agents occurred in
the city of Cartagena (supra Having Seen 2). In response, the State reported that an
investigation into the alleged death threats and harassment of CCJ members during the
month of December 2008 had been launched.
13.
On February 1, 2010, pursuant to instructions from the Plenary, the Secretariat
requested that the Commission (supra Having Seen 15) provide information on the
threats and harassment that the CCJ members had received in the preceding six
months, while specifying the location and date on which it occurred, and proof
confirming occurrence of the same. The Tribunal observes that in its March 29, 2010
response to this request, the Commission reiterated the information presented in its
request for provisional measures (supra Having Seen 2) and remarked that during 2009
and the first few months of 2010, CCJ members have continued to face a hostile climate
on the part of State authorities and an increase in the persecutions and stigmatization
for their work defending and safeguarding fundamental rights. In particular, the
Commission noted that Lina Pola Malagón was put under surveillance and that other
members of the CCJ, like Alejandra Vega Rodríguez, had been targets of illicit activities
on the part of the DAS. In accordance with this information “and with the situation of
general hostility that human rights defenders in Colombia face,” the Commission argues
that CCJ members are experiencing a situation of imminent risk of irreparable harm.
14.
The Court finds it relevant in this respect to remind the parties that the
mechanism for provisional remedies requires showing that the conventional benchmarks
of gravity, urgency, and irreparability of harm indicated in Article 63(2) of the
Convention are met (supra Considering clause 5) with regard to persons for whom such
measures are being sought. In this sense, the Court has already said that in accordance
with the Convention and the Rules of Procedure, the burden of proving these prima facie
elements rests with the petitioner14 who, in this case, is the Inter-American Commission.
15.
The Court notes that the Inter-American Commission has referred in general
terms to facts according to which the members of the CCJ have allegedly been the
target of threats, intimidation, and surveillance, among other acts. This is the case, for
instance, with the alleged incidents of harassment on the part of State agents against
the CCJ in Cartagena in December 2008, in that they have not specified who the
harassed members are, nor when or how these events may have occurred.
16.
Regarding the alleged death threats against Ana María Rodríguez and Lina Paola
Malagón in March 2008 and March 2009, respectively, the Inter-American Commission
indicated that these events formed the basis for its request for provisional measures.
However, the Commission has not presented precise information showing that these
14
Cf. Matter of Belfort Istúriz et al., supra note 6, Considering clause five; Case of the Caracazo, supra
note 6, Considering clause eight; and, Matter of Four Ngöbe Indigenous Communities and its Members.
Provisional Measures regarding Panama. Order of the Inter-American Court of Human Rights of May 28, 2010,
Considering clause eleven.