10.
The State indicated that “with the objective of overcoming any difficulty” with the
implementation of the measures, as well as “improving the confidence of the beneficiaries in
the National Police,” it held periodical meetings with the beneficiaries on October 7 and
December 3, 2010; July 15, October 29, August 18, and November 18 and 25, 2011, and
February 3, 2012. Regarding the events of May 2011, the State clarified that the National
Police had “by no means” committed acts of harassment or intimidation against the Rodríguez
Quintero family, since the presence of police officers is part of the comprehensive protection
service that is being provided to the beneficiaries. Also, the State noted that the Police of
Norte de Santander have adopted the necessary measures to overcome any difficulty that may
appear. In October 2011, the State informed that the Ministry of the Interior had carried out
risk assessment studies in relation to Yimmy and Wilmar Rodríguez Quintero and Nubia Saravia
“which were considered to be extraordinary.” 11 Previously, the State had undertaken to submit
“a report [to the Court] indicating both the actions taken by the National Police in the context
of the conduct of the study on the Level of Risk and Type of Threat and the result thereof,”
which was not forwarded to the Court. In its reports of September and November 2010, as well
as those of August and October 2011, the State indicated that the beneficiaries continued
exhibiting behaviors that endangered their safety, as well as the safety of other people
(including the State agents in charge of their protection) and that they hinder the
implementation of the security measures in their favor, for which the State repeatedly
requested that the Court urge the beneficiaries to “avoid putting themselves at risk and to
comply with the recommendations of the authorities that look after their safety.”
11.
The representatives indicated that the harassment and acts of intimidation against the
Rodríguez Quintero family “have not ceased.” They reported that, on October 25, 2010,
neighbors of beneficiary Yimmy Rodríguez Quintero told him that armed men on motorcycles
were asking for the location of his house and that the police officer in charge of the permanent
post at his residence had indicated that they were possible officers of the Police Intelligence
Branch (SIPOL for its acronym in Spanish). Subsequently, they informed that, on May 14,
2011, three members of the SIPOL were seated in a truck with tinted windows, observing
beneficiary Yimmy Rodríguez Quintero for “several minutes,” who was with his young daughter,
and that on May 17, 2011, that same vehicle “was suspiciously hanging around Jimmy
Rodríguez Quintero’s house.” Also, in November of 2011, they indicated that the beneficiaries
expressed before the Ombudsman of Ocaña their disagreement with the police officers who
form part of their protection scheme, which has created a climate of grievances and
harassment of the Police against the Rodríguez Quintero family. Moreover, they indicated that
during the month of July 2011, William Rodríguez Quintero had informed his brothers that
members of the SIJIN had been in the prison in Ocaña “inquiring with some prisoners about
drug traffickers with whom his brothers […] had worked,” since there was “a rumor and stigma
spread by the Police, SIJIN, and the Office of the Prosecutor, labeling Yimmy Rodríguez and his
brother [as] drug traffickers who work with groups acting outside the law.”12 Additionally, they
informed that on August 6, 2011, Yimmy Rodríguez Quintero had taken a cell phone from one
of the officers of his security scheme, because she was recording him.13 They further alleged
11
The Study informed that on October 22, 2010, a request was made to the National Police to conduct new risk
assessment study to “the members of the Rodríguez Quintero family,” which included “Wilmar Rodríguez Quintero,
Huilian Rodríguez Quintero, Yimmy Rodríguez Quintero, and Nubia Saravia.” The only thing indicated by the State upon
communication of the results of the risk assessment studies was that, as a consequence of them, the Regulation and
Risk Assessment Committee had extended two cellular communication means for a period of 6 months, in order to
support the work of the security forces and accompaniment provided by the National Police.
12
Regarding which was indicated by the representatives, the State informed that the Regional Prosecutor’s Office
of Ocaña conducted a series of interviews, whereby it could verified the investigation work carried out at the
Correctional and Prison Center of Ocaña, regarding the homicide investigation that was underway in the city of Ocaña.
13
The representatives noted that it must be recalled that his brother, Jhon Carlos Rodríguez Quintero, was
photographed before he was murdered, which caused “a fight with the police car chasing Yimmy, who was able to free
himself and exit the car that was also damaged by the police”. Yimmy filed a complaint about this incident before the
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