amount to a situation of “extreme gravity and urgency” and the probability of irreparable
damage required by Article 63.2 of the American Convention 11,.
B.
Continue informing on the investigation into the facts that gave rise to
these provisional measures (operative paragraph two of the Order of April 3,
2009).
17.
In its briefs as well as at the public hearing, the Inter-American Commission, the
representatives and the State referred to the situation of the investigation into several
facts related to these provisional measures.
18.
In this respect, the Court considers pertinent to clarify that, previously, during the
processing of these provisional measures, it has adopted the criterion according to which
the State was required to investigate into the facts that gave rise to these provisional
measures, as well as to inform the Tribunal on that regard. However, taking into account
the characteristics of this matter and the fact that these provisional measures have been
subjected to a process for approximately seven years, the Court considers that, in this
matter, the issue of the investigation implies for the Tribunal to make an analysis of the
merits that go beyond the scope of the provisional measures. Taking the aforementioned
into account, in the framework of the present provisional measures and as it has done in
other matters12, the Court shall not refer to the investigations carried out by the State
and the observations made by the Commission and the representatives in that respect.
To this end, the Tribunal shall not request the parties to forward information on this
aspect anymore. However, this does not exonerate the State from its duty to investigate
the facts denounced in the context of these measures, under the terms of article 1.1. of
the American Convention.
C.
Continue guaranteeing the conditions of security necessary to respect the
right to freedom of movement of the people of the Kankuamo community, as
well as of those who have been forced to displace to other regions in
order to return to their homes, if they wish so (operative paragraph three of
the Order of April 3, 2009).
19.
The State informed that the Tenth Engineer Battalion [Batallón de Ingenieros de
Movilidad y Contra Movilidad N° 10] has carried out different tactical missions in order to
counteract the actions of any outlawed armed group, thereby guaranteeing the
protection of the members of the Kankuamo Indigenous Community. Moreover, it
indicated that while formulating the policy on assistance and support of the return
processes of the population in situation of displacement, it was designed and defined the
"protocol to support the return or relocation of the displaced population". In this context,
the State indicated that “it has allowed the return of fifty (50) families of the
corregimiento (departamental division) of Rio Seco and thirty-five (35) families of
11
See Case of the Constitutional Court. Provisional Measures regarding Peru. Order of the Inter-American
Court of Human Rights of March 14, 2001; Considering Clause four; Matter of Carlos Nieto Palma et al.
Provisional Measures regarding the Bolivarian Republic of Venezuela. Order of the Inter-American Court of
Human Rights, of January 26, 2009; Considering clause fifteen. Matter of Liliana Ortega et al. Provisional
Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of July 9, 2009, Considering
Clause thirty-five.
12
See Matter of The Communities of Jiguamiandó and Curbaradó. Provisional Measures regarding
Colombia. Order of the Inter-American Court of Human Rights of August 30, 2010, Considering Clause thirtyeight and thirty-nine. Matter of the Peace Community of San Jose de Apartadó. Provisional Measures regarding
Colombia. Order of the Inter-American Court of Human Rights of August 30, 2010, Considering Clause twentynine and thirty.
9