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in the event no specific, detailed, updated, and concrete information is presented to
determine the risk faced by these beneficiaries, the provisional measures will have
no effect.
36. In particular, it is appropriate to stress to the State the requirement contained
in the Operative portion of this Order which calls for an assessment of the present
risks facing the beneficiaries. In that assessment, the State shall: a) identify and
establish differences of degree regarding the risk affecting each individual
beneficiary; b) carefully assess each individual situation, including the existence,
characteristics, and origin of the risk; and c) appropriately define the specific
measures and means of protection that would be adequate and sufficient to avoid
the materialization of said risk. For this purpose, the beneficiaries and their
representatives shall provide their full cooperation to the State and shall facilitate
the conduct of this evaluation.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
By virtue of the authority conferred upon it under Article 63(2) of the American
Convention on Human Rights, and Articles 27 and 31 of its Rules of Procedure,
DECIDES:
1.
To maintain the present provisional measures mandated by the Tribunal in its
Order of June 27, 2005 in place for six months, pursuant to the terms of Considering
clauses 35 and 36 of the present Order, and for the benefit of the following persons
and their family members: 1. Carmen Johana Jaramillo Giraldo, 2. Esther Pinzón
López, 3. Sara Paola Pinzón López, 4. María Teresa Pinzón López, 5. Yur Mary
Herrera Contreras, 6. Zully Herrera Contreras, 7. Maryuri Caicedo Contreras, 8.
Nadia Marina Valencia Sanmiguel, 9. Yinda Adriana Valencia Sanmiguel, 10. Johana
Marina Valencia Sanmiguel, 11. Gustavo Caicedo Contreras, 12. Rusbel Asdrúbal
Martínez Contreras, 13. Roland Andrés Valencia Sanmiguel, 14. Ronald Mayiber
Valencia Sanmiguel, 15. Luis Guillermo Pérez, 16. Nory Giraldo de Jaramillo, 17.
Marina San Miguel Duarte, 18. Viviana Barrera Cruz, 19. Luz Mery Pinzón López, and
20. Mariela Contreras Cruz.
2.
To require that the Inter-American Commission on Human Rights and the
representatives of the beneficiaries submit information before October 22, 2010
concerning the present risk faced by each of the beneficiaries (mentioned in the
Operative paragraph supra) and the measures necessary to overcome that risk
pursuant to Considering clause 35 of the present Order.
3.
To require that the State present by November 15, 2010 a brief containing a
risk assessment for the beneficiaries pursuant to Considering clause 36 of the
present Order.
In that brief, the State shall address any remarks from the
representatives and the Commission concerning this risk as mandated in Operative
paragraph 2.