ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 5, 1997
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF COLOMBIA
GIRALDO CARDONA CASE
HAVING SEEN:
1.
The brief of October 18, 1996, in which the Inter-American Commission on Human
Rights (hereinafter "the Commission" or "the Inter-American Commission") submitted to the
Inter-American Court of Human Rights (hereinafter "the Court" or "the Inter-American
Court") a request for provisional measures on of behalf Sister Noemy Palencia, Islena Rey
Rodríguez, Gonzalo Zárate, Mariela de Giarldo and her two young daughters, Sara and
Natalia Giraldo, in connection with case No. 11.690, before the Commission against the
Government of the Republic of Colombia (hereinafter “the State”, “the Government” or
“Colombia”), pursuant to Articles 63(2) of the American Convention on Human Rights
(hereinafter "the Convention" or "the American Convention") and 24 of the Rules of
Procedure of the Court (hereinafter "the Rules of Procedure").
The request of the
Commission was justified in that the above-mentioned persons are members of the Meta
Civic Committee of Human Rights, and have been victims of threats, harassment and
persecution, including the murder of their President, Doctor Josué Giraldo Cardona, despite
being protected by a request for precautionary measures by the Commission to the
Government.
2.
The Order of the President of the Court (hereinafter “the President”) of October 28,
1996, in which he decided:
1.
To call upon the State of Colombia to adopt, forthwith, such measures as may be
necessary to protect the life and physical integrity of Sister Noemy Palencia, Islena Rey
Rodríguez, Gonzalo Zárate, Mariela de Giraldo and her two young daughters Sara and Natalia
Giraldo, and to avoid irreparable damage to them, in strict compliance with the obligation to
respect and guarantee the human rights it has contracted to in accordance with Article 1(1) of the
American Convention on Human Rights.
2.
To call upon the Government of Colombia to adopt, forthwith, such measures as may be
necessary to ensure that the aforementioned persons can continue living in their habitual
residence and to return to their homes, providing them the assurance that they will not be
persecuted or threatened by agents of the Government or by civilians.
3.
To call upon the Government of Colombia to investigate the denounced events against
the members of the Meta Civic Committee of Human Rights, in order to punish those responsible
for these acts, particularly for the murder of Josué Giraldo Cardona.
4.
To call upon the Government of Colombia to report to the Court within 15 days, and later
every 30 days, as of notification of this Order, on the urgent measures it has taken. To also call
upon the Inter-American Commission on Human Rights to submit its observation on said
information to the Court within 15 days as of receipt of the Government reports.