27
77.
That, in addition, the representatives expressed that they are not familiar
with the studies on the risk or the results of the interviews conducted with the nextof-kin. They also mentioned that there still exists a situation of risk, despite the
permanent presence of paramilitary groups in the area. It falls upon the State to
prove that such risk has disappeared, which has not been done yet.
78.
That the Commission considered it was necessary to learn about the security
plan and the measures adopted regarding such beneficiaries.
79.
That as to the situation of the beneficiaries of the provisional measures, the
Tribunal notes that the little information furnished does not allow for a clear
assessment on the need to maintain the provisional measures or the way in which
such measures have been implemented. In this case, the little information furnished
has hindered the determination of the real situation of the beneficiaries of the
measures, which has given rise to a situation of uncertainty in certain periods,
which, in turn, is inconsistent with the preventive and protective nature of the
provisional measures and, therefore, hinders the monitoring of the implementation
of them.
*
*
*
80.
That the representatives indicated in their briefs that Mrs. Ana Diva QuinteroQuintero de Pundor and her son are living outside Colombia, “for this reason, in this
moment, they have no specific situation of security.” In this regard, the State
mentioned that it would be useful to review whether the situation of such family
abroad calls for the maintenance of the measures. In addition, the Commission
showed concern about the fact that two family groups have left the country or the
area.
81.
That, as to Mrs. Ana Diva Quintero- Quintero de Pundor and her son, who left
the country, there is no information to determine the manner in which they have
benefited from the enforcement of these measures. No information has been
received to indicate that they will return soon to Colombia or that they wish to do so.
Considering that the beneficiaries have left the State that was supposed to protect
them, the provisional measures in their favor have become ineffective 16.
*
*
*
82.
That the representatives pointed out, in their briefs, that the family of Jimmy
and Filmar Rodríguez Quintero returned to the city of Ocaña and assumed all the
risks.
83.
That the State mentioned that during the enforcement of these provisional
measures, two people were subjected to a proceeding for extortion, who were
16
Cf. Matter of Lysias Fleury. Provisional Measures regarding Haiti. Order of the Court of November
25, 2008, Considering clause 18.