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iv. the communication devices allocated under the protection plan are
not working properly;
v. regarding the alleged failure of Ms. Rey to comply with her duties,
particularly, the transfer of her daughter in such vehicle, “[t]he
protection plan cannot be understood as an additional mechanism of
aggression and restriction to those who are under the cover thereof.”
[T]he Colombian authorities should […] create the necessary
conditions to make this service compatible with the habitual activities
of the above-mentioned persons rather than subject them to further
restrictions;”
vi. the Government uses derogatory and defamatory language to
refer to Ms. Rey, particularly to her alleged “discredit campaign”
against the DAS and her definition as an “enemy of the State,” which
is far from being true and adds to the situation of risk and latent
threats she is subject to. Ms. Rey is not carrying out a campaign to
discredit the DAS or the State; rather, she’s demanding the
compliance with the protection measures the State must afford
thereto;
vii. regarding the criminal investigation started against Ms. Rey as a
result of the application filed by her former escort, Luis Adolfo
Cárdenas-Barrera, on June 2, 2004 Ms. Rey made an appearance
before the Office of the Public Prosecutor, during which she was
questioned about the reason why she had been afforded protection
measures and who had ordered such measures, as well as about her
activities as a defender of human rights and who had awarded her
such title or position. Such issues seem to have no bearing
whatsoever on an investigation into alleged embezzlement. In this
regard, her representatives pointed out that they “seriously fear that
such investigation turns into judicial persecutions which distract the
attention off the safety situation of Islena Rey, as it has happened
with other human rights activists in Colombia.” Furthermore, Ms. Rey
argued that “it is not true that the Office of the Attorney General of
the Republic did not know where to find her in order to serve notice
of the decision upon her […];”
viii. Islena Rey was summoned to appear at a settlement hearing set
for February 3, 2006, within the framework of another investigation
started against her as a result of the application filed by Miguel
Hernando Lozano-Alvarado, who was also a former escort of Ms. Rey.
The representatives pointed out that “[t]his type of facts become acts
of harassment and persecution against her, which lead her either to
be confronted with the institution which is responsible for her
protection or waive such protection measures so as to avoid further
problems;” and
ix. they do not see the bearing of the statements contained in the
reports of the State concerning the Action Plan known as “Visión sin
Límites” on the compliance with the protection measures afforded to
Ms. Rey.
b)
Regarding the investigation into the facts denounced which gave rise
to the adoption of these measures in order to identify those responsible for
such acts and, where appropriate, punish them, that:
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