5
were summonsed to render a preliminary examination statement since such
investigation is of the essence, not only to establish the unlawful appropriation of
land but also to identify risk factors regarding life and physical integrity in the
region; and also on progress made as to the determination and demarcation of
jointly-owned territory. The Commission highlighted that the information provided
by the State reflects delays in the effective physical restoration of illegally
appropriated territories; therefore, it would be important to obtain information
regarding specific progress made as to administrative procedures for material
restoration of lands.
11.
The Court appreciates the efforts made by the State to provide protection to
the beneficiaries of these provisional measures and the reaction to various violent
events against the beneficiaries of the measures. That notwithstanding, the Court
finds that violent and aggressive acts against the beneficiaries have not ended and
that, in this regard, it is necessary to adopt effective preventive measures to avoid
new events such as those referred to by the representative. In this regard, it is
necessary to remind the State of its obligation to guarantee, in accordance with the
American Convention, that the individuals beneficiaries of these measures may
continue living in the locations where they now reside, free from any threat or
coercion whatsoever.
12.
Regarding the various criminal and administrative procedures in progress for
the determination of title to jointly-owned territories and alleged acts of invasion
and illegal exploitation thereof, the Court notes that the representative complained
that the were presumably internal orders in their favor which, nevertheless, were
not complied with. In this regard, the Court reminds the State that, pursuant to
Articles 8 and 25 of the American Convention, States have a duty to comply with
any jurisdictional decisions made by internal bodies.
13.
The Court reminds the State of its obligation to diligently investigate,
prosecute and punish, if applicable, those responsible for the aggressions
mentioned by the representative, as effective protection measure against acts of
such nature.
*
*
*
14.
As regards the establishing of an ongoing supervision and communication
mechanism with the so-called “humanitarian refugee zones” (Operating Paragraph
No. 6 of the Order of March 6, 2003), the State mentioned the strengthening of
intercommunication with the beneficiaries through Squads XV and XVII of Urabá
Police Department and by the National Police Board and the Ministry of the Interior
and Justice, who also receive training on the implementation of provisional
measures. The State informed that the beneficiaries were provided with various
communication means, including, among others, 5 satellite phones and 7 cell
phones. Moreover, at the public hearing (supra Having Seen clause No. 3), the