2
The Commission added that should measures again be needed to protect the
personal safety of Messrs. Guerrero and Páez, it would ask the Court to reinstate
them;
5.
The State’s ninth report, dated May 14, 1999, wherein it advised that:
a.
The Ministry of the Interior and the National Police had jointly examined a risk
assessment done in the case of Mrs. Élida González Vergel with a view to instituting
security measures on her behalf and the State would be informing the Court as soon as
it had more details on the plan adopted for her;
b.
It had requested information from the competent authorities concerning the
transfer of Mr. Gonzalo Arias Alturo and that information would be forwarded to the
Court in due course;
c.
It had investigated Mrs. María Nodelia Parra’s complaints of wire tapping and
telephone threats and found that no authority had ordered that her telephone line be
tapped. The State further reported that it had urged the respective agents to take every
measure necessary to protect Mrs. Parra and present a detailed accounting of the
resources put toward the “security plan” intended for her protection; and
d.
It would be contacting the Colombian Commission of Jurists [Comisión
Colombiana de Juristas] to enlist its cooperation in “designing” the protection measures
ordered by the Court, and
CONSIDERING:
1.
That under Article 63(2) of the American Convention on Human Rights:
In cases of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons, the Court shall adopt such provisional measures as it deems
pertinent in matters it has under consideration. With respect to a case not yet submitted
to the Court, it may act at the request of the Commission.
[…];
2.
That in the instant case, judging from statements made by the State and by
the Commission –the latter after consulting with the claimants on the matter-, the
extremely grave and urgent situation that led to adoption of provisional measures for
Messrs. Guillermo Guerrero Zambrano and Javier Páez no longer exists;
3.
That the situation of Mrs. María Nodelia Parra, Mr. Gonzalo Arias Alturo and
Mrs. Élida González Vergel is still one of such extreme gravity and urgency as to
warrant continuation of the provisional measures that the Court requested for their
protection. Moreover, in the opinion of this Court, in light of the information
available concerning the situation of Mr. Arias Alturo and Mrs. González Vergel, a
thorough evaluation of the current status of the protective measures adopted by the
State on their behalf is imperative; and
4.
That the State has indicated its willingness to work toward creating
mechanisms that would enable the claimants to participate in some of the decisions
related to implementation of the protective measures ordered by the Court,