10.
The Inter-American Commission noted that “with respect to the persons who no
longer belong to ASFADDES, the situation of extreme gravity and urgency for the
beneficiaries arose because of the type of activities they were engaged in.” It argued
that “even though some beneficiaries decide to leave the organization, not only do
they continue to carry out the same activities […] but they could remain involved in
the investigations and processes in relation to which they have received threats and
harassment, which gave rise and effect” to these provisional measures. Taking into
account “the facts alleged by the representatives, the recent threats received and the
continuation of many of these processes”, the Commission considered that “the
provisional measures should be maintained in favor of all the persons affected.”
1.2.
Arguments regarding the specific situation of Yanette Bautista and
Andrea Solangie Torres Bautista, members of the Nydia Erika Bautista Foundation
11.
The representatives argued that although Yanette Bautista and Andrea Solangie
Torres Bautista are former members of ASFADDES, “they actively continue with their
activities to combat forced disappearance in Colombia, through the Nydia Erika
Bautista Foundation for Human Rights.”
12.
The representatives referred to a series of events that occurred between
February and March of 2012. They stated that on February 7 and 20, 2012,
unidentified persons took photographs of the office of the Nydia Erika Bautista
Foundation, where Yanette Bautista, the Foundation’s director, and Andrea Solangie
Torres Bautista, the Foundation’s lawyer, work. They alleged that on February 28,
2012, “a suspicious vehicle was seen parked […] near the home of Andrea Solangie
Torres Bautista.” On March 2, 2012, Andrea Solangie Torres and her husband left their
home; as they left, they noticed the same vehicle seen on February 28, 2012, which
“had no license plates”. They explained that when Mrs. Solangie Torres “approached
the vehicle to take photographs of it […] the car suddenly drove off at great speed.
[Then] the vehicle slowed down and the passenger’s door opened [and] a man dressed
in civilian clothing got in. [Then] the vehicle stopped at a red traffic light […and]
Andrea Solangie Torres Bautista [and her husband] caught up with the vehicle […].
[When she asked] the passenger in the vehicle to what agency he belonged […] he
replied that to the `Ministry´ [first stating] `Ministry of the Interior´ […] and then
saying that to the Ministry of Culture. Immediately, the vehicle quickly started up
again […], stopped and then continued on at great speed […] making several
unauthorized maneuvers and turns in order to avoid pursuit.”
13.
In a report of March 21, 2012, the representatives requested that the Court
“adopt any measures and judicial decisions deemed pertinent to ensure that the
Colombian State guarantees the safety and integrity of […] Yanette Bautista and
Andrea Solangie Torres Bautista and also of other relatives and members of the Nydia
Erika Bautista Foundation for Human Rights, and that it urgently adopt the measures
necessary for that purpose.”
14.
In a report dated May 29, 2012, the State indicated that it had “carried out a
reevaluation of the risk [to Mrs. Bautista and Mrs. Torres], which resulted in an
exceptional level of risk. Accordingly, on April 27, 2012 the Committee for Risk
Evaluation and Recommendation of Measures […] ordered a collective security scheme
consisting of a protection vehicle, a […] driver and two […] escort units for a period of
one […] year. This scheme was implemented in the first days of May and the vehicle
assigned was recently changed at the request of Yanette Bautista and Andrea Torres
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