8
Villavicencio Support Structure was conducting the investigation and described some
measures it had taken in this regard. It indicated that “there have been some problems”
with the investigation, because there were no witnesses to the incident, no surveillance
service in the building or security cameras in the sector, and therefore the investigation file
had been forwarded to the assignment office so that a prosecutor could be appointed before
the specialized judges, in view of the victim's condition as a beneficiary of provisional
measures.
18.
Regarding the facts denounced by the representatives, the Commission considered
that “the effective investigation of the facts was of utmost importance,” especially the
complaint filed against the agents in charge of guarding the office of the Civic Committee
following the events of August 2010, “which related to alleged activities of state agents that
could impair the effectiveness of the protective measures.”
a.3 Considerations of the Court with regard to the situation and the measures of
protection adopted in favor of the beneficiary Islena Rey
19.
Bearing in mind the information provided by the State and the representatives, the
Court observes that, for most of 2010, there were problems in the provision of the security
service and, as a result, the protection scheme was incomplete (supra sixth and ninth
considering paragraphs). However, it notes that the said problems were finally overcome in
October 2010, when the escort of trust, proposed by the beneficiary, was hired. The Court
assesses positively the efforts made by the state authorities in this regard. Nevertheless, it
notes that the escort of trust who was finally hired in October 2010 is the same person who
had been proposed originally by the beneficiary in December 2009, when she first asked the
authorities to replace the escort (supra ninth considering paragraph). In this regard, it takes
note of the information provided by the representatives concerning the uncertainty and
confusion as regards who should make the decision about hiring the said escort, and about
the requirements that the latter must satisfy (supra ninth considering paragraph). The Court
underscores the need for the state authorities to establish clear and direct means of
communication with the beneficiaries, which create the trust required for their adequate
protection.10 It also highlights that it is essential that the State and the representatives
coordinate the implementation of the provisional measures in the instant case, which
supposes that all the parties must propose and agree on the measures, if any of them
considers that the existing ones are inadequate. 11
20.
In addition, the Court takes note of the information provided by the State regarding
the risk assessment of the Civic Committee‟s office to determine the need and possibility of
implementing security measures in the said building (supra seventh considering paragraph).
In this regard, it observes that the State pointed out that it would not be possible to “shield”
the said office because the Civic Committee did not own the building. Furthermore, it notes
the information provided by the representatives in December 2010, that “to date” the state
authorities had not contacted the beneficiary regarding preparation of the said assessment,
even though they had asked the Ministry of Interior and Justice, among other matters, to
inform them about it in advance, owing to the situation of risk of the organization‟s
President, the beneficiary Islena Rey (supra eleventh considering paragraph). With regard
to the protection required by the beneficiary Islena Rey, the Court deems pertinent that, in
10
Cf. Matter of Mery Naranjo et al. Provisional measures with regard to Colombia. Order of the Court of
Novemberr 25, 2010, twenty-eighth considering paragraph.
11
Cf. Matter of Mery Naranjo et al. Provisional measures with regard to Colombia. Order of the Court of
January 31, 2008, twelfth considering paragraph, and Matter of Mery Naranjo et al., supra note 10, twenty-eighth
considering paragraph.