that “in the last months of 2011, members of the SIJIN and the Police of Ocaña had been
searching for people […] who may in some way incriminate both brothers,” which was
communicated to the Police authorities of Norte de Santander. In addition, they informed that
on February 11, 2012, Yimmy Rodríguez Quintero was insulted by members of the SIJIN in a
street, which was also reported to the Police. In the last brief, the representatives included
additional information regarding the “situation of public order and citizen security” of
Municipality of Ocaña, where the beneficiaries reside, a serious issue that they considered that
“persisted”.
12.
The Commission considered that, due to the risk of the beneficiaries, qualified as
extraordinary by the State itself, the State should “urgently” adopt the measures of protection
necessary to guarantee their life and personal integrity. Also, it observed that while the State
had indicated that certain incidents reported corresponded to the customary inspections
contemplated in the security scheme, the beneficiaries perceived them as acts of harassment,
which is why the Commission considered it important for the State to clarify whether it is the
agents who usually are in charge of providing protection to the beneficiaries. Likewise, the
Commission noted that the State has not offered specific information about the other alleged
acts of harassment, nor regarding the complaint of beneficiary Yimmy Rodríguez Quintero,
according to whom an officer in charge of the protection scheme, had filmed him with her
cellular phone. In relation to the alleged behavior of the beneficiaries that hinder the
implementation of the measures, the Commission highlighted the importance of having good
communication, in a context of coordination and cooperation between the beneficiaries and the
State for better implementation of the measures.
1.3 Considerations of the Court
13.
The Court takes note of the measures implemented by the State in favor of the
Rodríguez Quintero family. It also notes that the beneficiaries, their representatives and the
State have held regular meetings in relation to the implementation of the present measures,
which, according to the information submitted by the representatives, had contributed to a
“significant improvement” in the implementation of these measures (supra Considering clause
8).
14.
Moreover, the Court emphasizes the positive progress informed by the representatives,
according to whom the measures "are being implemented in an acceptable manner", thanks to
the meetings held between the beneficiaries and the State authorities with which "it was
possible to overcome the problems" (supra Considering clause 8). Notwithstanding the
foregoing, the Tribunal notes that in order to strengthen the material measures of protection,
in November 2011, the State offered the beneficiaries a new alternative of protection, to be
provided by the Ministry of the Interior. Thus, the Tribunal deems pertinent that, in the next
brief of observations, the representatives specifically refer to the offer made by the State and,
if applicable, inform of the decision of the beneficiaries in that regard.
15.
Furthermore, the Court takes note of the “extraordinary” nature of the situation of risk
of the members of the Rodríguez Quintero family, according to the results of the latest risk
assessment study conducted in relation to them. In this regard, the Court recalls that in its
Order of August 26, 2010, it requested the State to submit […] “information on any risk
assessment studies that have been carried out, accompanied by documentation supporting the
study its results, as well as the specific security measures that should be implemented in
accordance with these results.” Moreover, the Court notes that, on at least two occasions, the
Municipal Ombudsman with whom he left the police agent’s cell phone for her to “claim it in good condition,” in spite of
which he filed a criminal complaint against him for theft.
6