3
f)
Finally, the Commission referred to information presented by the State
before the Commission on September 30, 20093 regarding the present matter.
3.
The Commission’s arguments upon which it bases its request for provisional
measures, namely:
a)
The situation of extreme gravity and urgency is verified in this case
because, despite the precautionary measures granted by the Commission, the
beneficiaries continue to be the target of harassment, intimidation, and
monitoring, all of which have recently intensified. This, together with the
existence of intelligence groups specialized in monitoring human rights
organizations and the lack of an effective response to clarifying allegations
against the beneficiaries, demonstrates the situation of vulnerability,
helplessness, and uncertainty in which the beneficiaries find themselves. Faced
with the potential for violations of their rights to life and humane treatment, their
situation is one of serious risk of imminent, irreparable harm. The adversarial
context in which human rights defenders must work is further compounded by
their historical lack of protection in Colombia, and in particular by the statements
of State officials set on discrediting their work; and,
b)
The damaging effect of the alleged acts goes beyond the direct victims in
this case, diminishing the likelihood that other human rights defenders will
continue to engage in their work and placing all such workers in a situation of
extreme vulnerability and risk.
4.
Inter-American Commission’s motion that the Court obligate the State to take
the following measures: a) to adopt, without delay, all the measures that may be
necessary to guarantee the lives and right to humane treatment of the beneficiaries; b)
to take all actions that may be necessary to guarantee that the CCJ members are able
to continue conducting their work in the promotion and defense of human rights in
Colombia; c) to consult with the beneficiaries as to the most appropriate means to
implement the protective measures so as to ensure their effectiveness and relevance; d)
to carry out an investigation into the underlying facts prompting the request for
provisional measures as a preventive measure against the recurrence of new threats to
the lives and wellbeing of the beneficiaries; e) to report on the steps taken with regard
for the aforementioned prescriptions. The Commission also requested that the design
and implementation of the protective measures be carried out by the State in
cooperation with the beneficiaries in the following ways: i) the persons assigned to
provide protection for the beneficiaries must not have any link whatsoever to the DAS;
ii) the protective measures must provide for the security of the individuals as well as
that of their dwellings in accordance with their needs and preferences; and, iii) the
beneficiaries should be provided with appropriate means of communication to remain in
contact with each other and with security personnel.
5.
The communication of the Secretariat of the Court (hereinafter the “Secretariat”)
of November 9, 2009 whereby, pursuant to instructions from the President of the Court,
3
In the Request for Provisional Measures, the Commission indicated that this information was
presented by the State on September 30, 2009 as “observations” on the petitioner’s brief requesting
provisional measures. However, the State refers to this same communication with the date of September 29,
2009.