2
3.
The public hearing held on February 5, 2008, where the State, the InterAmerican Commission and the representative of the beneficiaries were present1.
WHEREAS:
1.
Colombia ratified the American Convention on Human Rights (hereinafter,
"the American Convention”) on July 31, 1973, and recognized the contentious
jurisdiction of the Court on June 21, 1985.
2.
Article 63(2) of the American Convention provides that “[i]n 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”.
3.
On this matter, Article 25 of the Rules provide that:
[...]
2.
With respect to a case not yet submitted to the Court, it may act at the request
of the Commission”.
[...]
6.
The beneficiaries of provisional measures or urgent measures ordered by the
President may address their comments on the report made by the State directly
to the Court. The Inter-American Commission of Human Rights shall present
observations to the State’s report and to the observations of the beneficiaries or
their representatives.
4.
In accordance with the Orders of the Inter-American Court of March 6,
2003, November 17, 2004, March 15, 2005 and February 7, 2006 (supra Having
Seen clauses No. 1 and 2), the State shall, inter alia, a) adopt, without delay, any
measures necessary to protect the life and personal integrity of all members of the
Community Council of Jiguamiandó and Curbaradó families; b) adopt any measures
necessary to guarantee that the individual beneficiaries of these measures may
1
The following individuals attended the public hearing: a) for the Inter-American Commission: Víctor
Abramovich and Santiago Canton, delegates, and Juan Pablo Albán, Karen Mansel and Lilly Ching,
advisors; b) for the beneficiaries of the provisional measures: Ligia María Chaverra, legal representative
of the High Council of Curvaradó river basin (Consejo Mayor de la Cuenca del Río Curvaradó); Efrén
Romaña, legal representative of the Council of Jiguamandó river basin (Consejo de la Cuenca del Río
Jiguamandó); Germán Ivan Romero, and Danilo Rueda, representatives of the Inter-ecclesiastical Justice
and Peace Commission (Comisión Intereclesial de Justicia y Paz) and c) for the State: Carlos Franco
Echevarría, Director of the Presidential Human Rights Program
(Programa Presidencial para los
Derechos Humanos); Clara Inés Vargas Silva, Director of Human Rights and International Humanitarian
Law of the Ministry of Foreign Affairs; Lieutenant Juan Carlos Gómez-Ramírez, Director of Human Rights
at the National Ministry of Defense; Eduth Claudia Hernández-Aguilar, Coordinator of Defense before
international organizations for the National Ministry of Defense; Francisco Javier Echeverri-Lara, Director
of the Office of International Affairs, General Prosecutor’s Office; Liliana Romero, Advisor for the Office
of International Affairs, General Prosecutor’s Office, Janneth Mabel Lozano-Olave, Coordinator of
Protection and Information for International Organizations, Board of International Humanitarian Law and
Human Rights of the Ministry of Foreign Affairs; Jorge Rodríguez, Ministry of Defense, and Sandra
Jeannette Castro-Ospina, Head of the National International Humanitarian Law and Human Rights Unit of
the General Prosecutor’s Office.