22
order to overcome the obstacles preventing the efficient implementation of protective
measures in accordance with the current risk faced by the beneficiaries.
72.
Given all the foregoing considerations, the Court deems it necessary for the State
to immediately and effectively take all necessary and special measures to ensure the full
exercise of the rights to life and humane treatment of Ms. Mery Naranjo Jiménez and her
relatives, and of Ms. María del Socorro Mosquera Londoño, such that the measures be
effective at preventing and ceasing the threats and harassment, as well as so the
beneficiaries can live their lives in the way in which they are accustomed and without
fear.
73.
In addition, the Court takes note of the information provided by the
representatives with regard to the relatives of Ms. Mosquera Londoño (supra Considering
65h). It also observes that the State has not taken the opportunity to present its
observations in this regard However, it notes that the alleged victims of these attacks are
not beneficiaries of these provisional measures. In this sense, the Court reiterates that it
cannot rule on facts or situations that do not exclusively pertain to the beneficiaries of
the measures.29
4. On the investigations into facts related to these provisional measures
74.
The State reported on steps taken and progress made in the various criminal and
disciplinary investigations launched as a consequence of the facts originating these
provisional measures, as well as in relation to the threats or alleged failure to carry out
their duties by officials in charge of the security and protective measures implemented to
the benefit of the beneficiaries.
75.
Regarding the investigations, the representatives found that "positive progress in
the criminal and disciplinary investigations is important not only because it stops the
violations but also because it alleviates the risk faced by the victims." In addition, they
reiterated that "progress in the proceedings […], the search for the truth, and the
punishment of those responsible is fundamental in this case, and […] compliance with the
protective measures is not enough." For this reason, they demanded results from the
State with regard to justice.
76.
For its part, the Commission took note of the information submitted by the
representatives and the State on this topic on various occasions, but commented with
concern that "significant progress in the investigation into the facts leading to these
measures has not been present." Finally, it found it necessary for Colombia to present
"current and detailed information on this," as it was fundamental for the State to adopt
all necessary measures to "progress in its compliance with measures of justice in this
case.”
77.
With regard to the pleadings related to the judicial investigations carried out by
the State into the alleged facts that led to these measures, as with any other action to
investigate acts of harassment, threats, or the situations separate the life or personal
integrity of the beneficiaries at risk, particularly with regard to the alleged absence of
results and the type of investigations the State is carrying out, the Court finds it pertinent
to clarify that before, during the processing of these provisional measures, the Court had
been maintaining the standard of requesting the State to investigate the facts that gave
rise to the provisional measures and to report to the Tribunal on the investigation.
However, taking into account the characteristics of these provisional measures and and
the fact that they have been in the process of implementation for four years, the Court
finds that the issue of the investigations implies an analysis of the merits that is beyond
the scope of the provisional measures.
29
Cf. Matter of the Jiguamiandó and Curbaradó communities, supra footnote 25, Considering 62.