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temporarily relocate Nory Giraldo de Jaramillo, Carmen Johanna Jaramillo-Giraldo, Viviana
Barrera-Cruz, and Marina Sanmiguel-Duarte; delivery of communication equipment (cellular
phones) to the abovementioned persons (except for Mrs. Jaramillo), and assistance in land
transportation. Furthermore, it informed that, since mid-2006, the State has not learnt of
any threats or harassment against the beneficiaries. Therefore, the State expressed that
“considering that the beneficiaries of the abovementioned measures have not suffered any
new threat or any situation that may endanger their rights to life and humane treatment,
and that the State has timely adopted the measures agreed with the beneficiaries, it
requests the […] Court to analyze the possibility of rescinding the ordered provisional
measures.” As regards the investigation, the State informed that there is a record on the
facts that motivated the adoption of said measures in the Government Attorney’s Office 125
in Bogotá since it was reassigned on February 14, 2006. The Specialized Government
Attorney’s Office of Villavicencio had started said investigation, which was later assigned,
under a Court order of October 3, 2005, to the National Human Rights Unit. Said Unit later
decided it had no jurisdiction on this matter and reassigned the investigation. In the context
of said investigation, authorities drafted a Methodological Program ordering to “define the
alleged terrorist threats[;] interview the representative of the Colectivo de Abogados, [and]
collect evidence,” which could not be carried out as at July, 2007, although other pieces of
evidence were obtained. Furthermore, the State informed of two coordination meetings held
on September 14, and November 30, 2005.
5.
That the representatives have not submitted any comments on the State’s reports
since December 2005. In their last brief of comments, the representatives they asserted
that the protection measures –which include delivery of communication equipment,
assistance to help the beneficiaries move in case of emergency, and assistance to
temporally relocate one of the families in the city of Villavicencio– had been partially
implemented. As regards the investigation, they held that no person had been found to be
connected to said process. Furthermore, the representatives informed of new acts of
aggression that took place in November 2005. Particularly, they notified that “Mrs. Viviana
Barrera ha[d] been subjected to harassment, aggression, and intimidation by individuals,
and civil and military authorities of the municipality of Mapiripán.”
6.
That the Commission has expressed that the State has not given updated
information on the effective compliance with all its obligations, such us the temporal
relocation of the beneficiaries and the delivery of communication equipment. Therefore, the
Commission expressed its concerns about the lack of certainty as regards the current
situation of the beneficiaries and the lack of updated information on the State’s protection
activities. Furthermore, it held that it was necessary that the beneficiaries submit their
comments and that more precise and concrete information as regards the safety condition
of each beneficiary and the corresponding protection measures be gathered. As regards the
investigation, the Commission stressed the lack of significant progress and that the State
failed to provide an explanation regarding the reasons why the collection of certain evidence
rendered impossible or was delayed. As regards the lack of updated information on the
coordination meetings, the Commission is looking forward to receiving any comments that
the representatives are willing to submit. Finally, it concluded that “there are no grounds to
affirm that the absence of situations of extreme gravity and urgency, and of imminent
irreparable damage to persons justifies the adoption of the provisional measures in the
instant case,” and that the failure to implement the measures ordered by the Court in the
Judgment on the merits and reparations, with regard to the obligation to investigate the
events in the instant case, “has [a] direct impact on the safety conditions of the
beneficiaries of the provisional measures and on the persistence of the risk factors justifying
[their] adoption and effectiveness.”