4
investigation proceedings she initiated poses certain inherent risks. The
representatives added that they ignored if a risk assessment had been
performed in relation to María Nodelia Parra and they claimed that said
information was required to issue an opinion on such assessment and its
outcome.
Furthermore, they rejected the arguments of the State upon representing: i) as
regards domestic protection measures: that allegations are contradictory; either
there is no situation of risk and hence no protection is required; or the risk does
exist and the provisional measures should be maintained; ii) as regards the
time the measures remained in force: that this results from lack of success in
the investigations and the impunity situation in which the case is enmeshed; iii)
as regards new events: that “of course, no new events occurred”, given that
the risk is related to the criminal investigation, that impunity continues
regarding this case and that the risk would re-emerge if investigations are
resumed; iv) lastly, they disagreed as to the presence of an increased security
environment in the country, which in any case should not be discussed in
connection with a provisional measure since in their opinion the general
situation is more serious. Lastly, the representatives pointed out that the
State’s allegation that the situation of risk may result from trade union activities
carried out by María Nodelia Parra is a “new and unexpected” allegation and the
representatives never claimed that those activities were the grounds to adopt or
maintain the measures. Based on the reasons stated above, the representatives
requested that the provisional measures be maintained;
b) regarding the protection scheme, it was reported that since 2003, various
requests have been made to change the vehicle assigned to María Nodelia Parra
due to the problems said vehicle had and the representatives said that the
beneficiary does not enjoy any protection scheme other that as set forth in
these provisional measures. They explained that the provisional measures are
implemented through the domestic protection mechanism, but that the capacity
as beneficiaries of provisional measures facilitates the implementation of the
protection. They explained that, in the particular case of María Nodelia Parra, a
risk assessment that establishes a “normal" level of risk -pursuant to the
domestic system- would not justify implementing a protection system such as
the one in force; and
c) regarding the investigation of the threats alleged by María Nodelia Parra, the
representatives claimed that such investigation was unsuccessful and that since
1995, proceedings are at preliminary stage. They reminded that three situations
were reported to the authorities: i) harassment by a police officer against María
Nodelia Parra when her father died, which led to the commencement of
proceedings No. 589; it was stated that no investigation measures were
adopted in those proceedings, including photographic identification of the
person involved while serving in the police; ii) follow-up of motorcycling police
officers, as reported by the escort of the Departamento Administrativo de
Seguridad (Administrative Security Department); however, the escort’s
description was not used to identify the police officers; and iii) tapping of her
telephone line, which was examined various months after the events.
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