75
authorities’ prior knowledge of the threats leveled against Mrs. Yarce, the State has not submitted
information on concrete and reasonable measures that were adopted in order to protect the life of Mrs.
Yarce prior to October 6, 2004. The State, in its observations on the merits, merely claims that the
prosecutorial office entrusted with the investigation ruled that it lacked jurisdiction as the facts
investigated were not covered by any criminal statute, and concluded that the departure of Ms. Ana
Teresa Yarce from her residence did not fit within the statutory definition of the crime of forced
displacement.349
261. Moreover, as will be explained in greater detail later in this report, eight years after the
death of Ana Teresa Yarce, the State has not taken the necessary measures to sanction all the material
and intellectual perpetrators of her death.
262. As established in the proven facts section, in 2003, the international and national
communities had alerted the Colombian State as to the entrenchment of the paramilitary presence in
the area and serious harm that this entrenchment was having on the personal integrity of women
human rights defenders in Comuna 13.350 This situation became more intense during the military
operations that were implemented by the State itself in the area over 2002, without taking any
adequate protection measures for human rights defenders.351
263. In the context of said climate of insecurity, and the information received by the State
regarding the pressing security situation of Ms. Ana Teresa Yarce prior to being killed, the State had a
heightened obligation to adopt immediate and reasonable measures in order to protect her life, as a
woman human rights defender.
264. According to the Inter-American Court, it does not suffice for the states to refrain from
violating rights; rather, it is imperative that positive measures be adopted that can be determined in
light of the particular needs of protection of the person in question, whether due to his or her personal
status or his or her specific situation.352 The IACHR recalls that protection of the right to life of women
human rights defenders demands that states adopt positive measures to bring about safe conditions for
their work, with a view to eradicating situations that are dangerous for the protection of their human
rights and that are known to be so. In the instant case, the State not only failed to take reasonable
measures to protect the life of Ms. Ana Teresa Yarce, it also failed to bring about propitious conditions in
Comuna 13 for the exercise of her activity as a woman human rights defender.
349
Note DIDHD/GOI No. 77119/2954 from the Colombian State, November 15, 2012, p. 43.
350
United Nations, Report of the UN High Commissioner for Human Rights on the human rights situation in Colombia,
Annual Report 2003, E/CN.4/2004/13, February 17, 2004, par. 12; United Nations, Report of the UN High Commissioner for
Human Rights on the human rights situation in Colombia, Annual Report 2003, E/CN.4/2004/13, February 17, 2004, par. 37;
IACHR, Press Release No. 15/03, IACHR Rapporteur Concludes Working Visit to the Republic of Colombia, June 27, 2003; IACHR,
Report on the Demobilization Process in Colombia, OEA/Ser.L/V/II.120 Doc. 60, December 13, 2004, par. 96; Night and Fog: an
Overview of Human Rights and Political Violence in Colombia, Case Type No. 2: Comuna 13, CINEP and Justice and Peace Data
Base on Political Violence, Bogotá, May 2003, pg. 30. Also see, Annex 49. Risk Report N˚ 009-07, Office of the Ombudsman of
Colombia, pgs. 2-8.
351
Annex 48. Risk Report N˚ 009-07, Office of the Ombudsman of Colombia, pg. 8; IACHR, Press Release No. 15/03,
Rapporteur concludes working visit to the Republic of Colombia, June 27, 2003; IACHR, Report on the Demobilization in
Colombia OEA/Ser.L/V/II.120 Doc. 60, December 13, 2004, par. 96.
352
I/A Court H.R., Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 16, 2009. Series C No. 205, para. 243.