12
positively the State's commitment to provide medical and psychological care to the
beneficiary due to the effects she has suffered as a consequence of the aforementioned
incidents.
36.
The Court recalls that in its Order of January 31, 2008, it asked the parties to
provide detailed and current information on the measures that have been adopted and
put in place by the State to effectively protect the life and personal integrity of Luisa
María Escudero Jiménez.18 In this regard, it notes that as of March of 2009, it had not
received detailed information - apart from information on the medical care provided - on
the specific situation of this beneficiary or the protective and security measures
implemented to her benefit. The Tribunal observes that the State reported that the
protective measures implemented in this case are collective and therefore cover the
relatives of beneficiary Mery Naranjo. However at the same time, it notes that those
measures are designed in such a way as to protect the relatives of that beneficiary who
live with her. In that sense, the Court takes note that according to the latest information
submitted by the parties on this, beneficiary Luisa María Escudero does not live in the
home of Ms. Mery Naranjo, for which reason she is not covered by the protective and
security measures implemented to Ms. Naranjo’s benefit. Likewise, it observes that the
only effective measure which has benefited Luisa María Escudero Jiménez is the
transportation support, which has been suspended by the State since June of 2010
(supra Considering 11). Consequently, the Tribunal finds it necessary for the State and
the representatives to submit detailed and current information on the present situation,
particularly on her place of residence and the protective measures implemented by the
State to the benefit of beneficiary Luisa María Escudero Jiménez.
1.3
On the alleged attention of Juan David Naranjo Jiménez
37.
Colombia reported that beneficiary Juan David Naranjo Jiménez had been
convicted through a judgment dated August 2, 2006, for drug trafficking and narcotics
fabrication. The execution of that sentence had been suspended and he was placed on
probation. However, on January 25, 2008, he was caught in flagrante delicto committing
the crime of theft. The beneficiary pled guilty to the charges brought against him by the
Office of the Public Prosecutor for the crimes of grand and aggravated larceny with
possession and trafficking of firearms, for which reason he was assigned a measure of
“interinstitutional supervision" in the Bellavista penitentiary. Later, the State reported
that upon request from the beneficiaries, in November of 2008 Mr. Juan David Naranjo
Jiménez was transferred to the “La Ceja Medium Security Penitentiary Facility
(Antioquia),” as he had been subjected to harassment by one of those allegedly
responsible for the facts leading to these provisional measures, who was interned in the
Bellavista Prison. 19 Regarding the measures implemented for his protection, Colombia
indicated that, as he was an inmate, the measures were aimed at other needs and the La
Ceja penitentiary "implemented all the protective measures necessary to protect the life
and personal integrity of the beneficiary."
38.
Later, the State reported that on November 23, 2009, conditional liberty was
granted. During that time, he lived with Ms. Mery Naranjo, for which reason “he was
covered by the security and protective measures granted to her." Nevertheless, in its
most recent report, Colombia indicated that "on April 17, 2010, […] Juan David Naranjo
[…] was arrested for the alleged crime of illegally carrying a weapon” after he was found
with a firearm without the corresponding permit. With regard to this, it indicated that
18
Cf. Matter of Mery Naranjo et al. Order of the Court of January 31, 2008, supra footnote 14,
Considering 25, and Matter of Mery Naranjo et al. Provisional Measures regarding Colombia. Order of the Court
of September 22, 2006, Operative Paragraph 3.
19
The State indicated that the relatives of beneficiary Juan David Naranjo Jiménez have reported that the
alleged perpetrator of the homicide of Ana Teresa Yarce - an incident that, among others, led to the adoption of
these provisional measures - “was trying to persuade Mr. Naranjo to intercede with his mother, Ms. Mery
Naranjo, to get her to withdraw the complaint against him."