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199. According to the expert witness, “even today the threats are still constant, and
they also follow a pattern of becoming worse at certain moments when Iván Cepeda is
more in the public eye; moments when he has to change his behavior drastically.”297
Iván Cepeda Castro is obliged “to restrict his freedom of movement, limit his time
away from home, or confine himself to closed places, and avoid travelling to certain
parts of the country.”298 In an interview with the expert witness, former President
Ernesto Samper stated that “[t]he threats against Iván Cepeda still relate to those that
killed his father: McCarthyism, stigmatization, intolerance.”299
200. The State affirmed that it had provided sufficient guarantees for both of them to
be able to return safely to their country. Indeed, the State advised that it had provided
some measures of protection: Iván Cepeda and Claudia Girón were included in a
collective security plan as of January 14, 2005, and January 1, 2006, respectively,
comprising a three-person escort and support materials.300 In addition, in 2006, the
Inter-American Commission adopted precautionary measures to be implemented by
the State. Also, the State provided information on the investigations conducted into
the threats suffered by Manuel Cepeda’s next of kin. Specifically it referred to nine
investigations where Iván Cepeda Castro appears as a victim of the facts; in two of
these his wife, Claudia Girón, also appears as a victim. Furthermore, it reported on two
other investigations, one in relation to Olga Navia Soto and another with regard to
María Estella Cepeda Vargas. However, the evidence before the Court does not indicate
the date of the complaint or to which facts it allegedly corresponded. According to the
information provided, a restraining order has allegedly been issued in some cases, in
two cases it was decided to suspend the investigation and, in others, the investigations
are still underway.301
201. Although the Court assesses the measures adopted by the State, it is important
to underline that, in the context of danger for the safety of Iván Cepeda and Claudia
Girón, the absence of an effective investigation of the extrajudicial execution may
contribute to or perpetuate an exile or forced displacement.302 In the instant case, the
lack of an effective investigation and the identification and prosecution of all the
authors of Senator Cepeda’s execution and, in particular, the impunity of the facts, not
only undermined the confidence of the next of kin in the Colombian system of justice,
but also contributed to the lack of security.
202. Based on the above, the Court finds that the justified fear for their own safety,
linked to the execution of Senator Cepeda Vargas and the failure to identify all those
responsible for this act, added to the threats they had received, caused Iván Cepeda
Castro and Claudia Girón to go into exile for four years, which constituted a failure to
guarantee the right to freedom of movement and residence together with a de facto
297
Opinion provided before notary public (affidavit) by expert witness Carlos Martín Beristain, supra note 208,
folio 8244.
298
Opinion provided before notary public (affidavit) by expert witness Carlos Martín Beristain, supra note 208,
folio 8244.
299
Opinion provided before notary public (affidavit) by expert witness Carlos Martín Beristain, supra note 208,
folio 8239.
300
The State’s brief with final arguments, para. 162.
301
Cf. note No. 345 of the office of the Prosecutor General of the Nation of January 14, 2010 (evidence file,
tome XXI, helpful evidence presented by the State, folios 8921 to 8922).
302
Cf. mutatis mutandi, Case of the Moiwana Community v. Suriname, supra note 288, para. 120, and Case
of the “Mapiripán Massacre” v. Colombia. Merits, reparations and costs, supra note 22, para. 170.
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