reasonably overcome by means of measures through which the State has made an effort to
respond to the specific requirements of the beneficiary (supra Considering paras. 15 and
16).
26.
In addition, the Court takes note of the incident reported by the representatives that,
allegedly, on November 4, 2011 a group of people wearing badges of a State investigative
agency attached to the Attorney General’s Office had inspected and photographed the
offices of the Civic Committee of Meta, as well as the information provided by the State in
the sense that it would be implementing the necessary actions to judicially investigate those
actions (supra Considering paras. 18 to 21). As to the State’s commitment to analyze and
adopt measures regarding the offices of the Civic Committee, the Court confirms that the
parties forwarded information in this regard during 2011, but did not do so during 2012.
Consequently, the Court recalls that the measures of protection must be agreed with the
beneficiary and her representatives 13 and understands that the State considers that the
“police inspections” currently carried out in the beneficiary’s workplace would be sufficient
to prevent any risks against her materializing at her workplace (supra Considering
paragraph 22).
27.
The Court recalls that it is not sufficient for the State to adopt specific measures of
protection; it is also necessary to ensure that these are implemented effectively, so that the
risk to those whose protection is sought ceases. 14 In relation to the protection required by
the beneficiary Islena Rey, the Court considers it pertinent that in its next report the State
refer to the specific measures taken to prevent the repetition of events such as those of
November 4, 2011.
28.
The Court considers it appropriate to maintain the provisional measures in favor of
Islena Rey and, therefore, requires the State to maintain, and, where applicable, to adopt
all the measures necessary to protect her life and personal integrity. However, the Court
also deems it necessary to recall that provisional measures have an exceptional character,
are ordered based on the need for protection and are related to a specific temporary
situation and, by their very nature, cannot be perpetuated indefinitely. 15 In this regard, it is
necessary to emphasize that these measures have been in force before this Court for more
than sixteen years (supra Considering paragraph 5). Likewise, the Court appreciates that
Colombia has been implementing a protection scheme in favor of Mrs. Rey and that it has
made an effort to meet the specific requirements of the beneficiary. According to the
information provided, dialogue and consensus between the parties have made it possible to
gradually overcome the problems that have arisen in a reasonable way, having regard to
the beneficiary’s requirements, and there is greater clarity regarding the regulatory
framework that governs the current protection scheme, the functions of the private operator
that provides the protection and the direct responsibility that the State has acknowledged
with regard to its obligations to protect the beneficiary (supra Considering paras. 7 to 16).
13
Cf. Case of Caballero Delgado and Santana. Provisional Measures regarding Colombia. Order of July 4,
2006, Operative paragraph 4, and Case of 19 Tradesmen. Provisional Measures regarding Colombia. Order of June
26, 2012, Considering paragraph 16.
14
Cf. Matter of Alvarado Reyes et al. Provisional Measures regarding Mexico. Order of the Inter-American
Court of November 26, 2010, Considering paragraph 26, and Case of 19 Tradesmen. Provisional Measures
regarding Colombia. Order of June 26, 2012, Considering paragraph 12.
15
Cf. Matter of the Communities of Jiguamiandó and Curbaradó. Provisional Measures regarding Colombia.
Order of the Inter-American Court of August 30, 2010, Considering paragraph 70, and Case of 19 Tradesmen.
Provisional Measures regarding Colombia. Order of June 26, 2012, Considering paragraph 27.
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