7 1. That Colombia has been a State Party to the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”) since July 31, 1973, and accepted the compulsory jurisdiction of the Court on June 21, 1985. 2. That Article 63(2) of the Convention establishes that in “cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons,” the Court may, with regard to a case not yet submitted to it, order such provisional measures as it deems pertinent, at the request of the Commission. 3. That, in this regard, Article 25 of the Rules of Procedure establishes that: […] 3. In contentious cases already submitted to the Court, the victims or alleged victims, their next of kin, or their duly accredited representatives, may present a request for provisional measures directly to the Court. […] 6. The beneficiaries of urgent measures or provisional 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. That urgent and provisional measures may also be ordered during the phase of monitoring compliance with judgment, provided the background information submitted to the Court reveals, prima facie, the existence of a situation of extreme gravity and urgency and imminent irreparable damage to persons.1 5. That Article 1(1) of the Convention establishes the obligation of the States Parties to respect the rights and freedoms recognized therein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms. In compliance with this obligation to guarantee rights, the State Party has the obligation, erga omnes, to protect all those subject to its jurisdiction and this obligation is particularly evident as regards those who are involved in proceedings before the supervisory organs of the American Convention.2 6. That, under international human rights law, provisional measures are not only precautionary in nature, in the sense that they preserve a juridical situation, but are fundamentally protective, because they protect human rights, inasmuch as they seek to avoid irreparable damage to persons. Provided the basic requirements of extreme Cf. Matter of Gloria Giralt de García Prieto et al. Provisional measures. Order of the InterAmerican Court of Human Rights of January 27, 2007, fifth considering paragraph; Matter of the Communities of Jiguamiandó and Curbaradó. Provisional measures. Order of the Inter-American Court of Human Rights of February 7, 2006, fourth considering paragraph; and Matter of the Peace Community of San José de Apartadó. Provisional measures. Order of the Inter-American Court of Human Rights of February 2, 2006, fourth considering paragraph. 1 2 Cf. Matter of the Penitentiary Center of the Central Occidental Region (Uribana Prison). Provisional measures. Order of the Inter-American Court of Human Rights of February 2, 2007, fifth considering paragraph; Matter of the Pueblo indígena de Kankuamo. Provisional measures. Order of the Inter-American Court of Human Rights of January 30, 2007, fourth considering paragraph; and Matter of the Yare I and Yare II Capital Region Penitentiary Center. Provisional measures. Order of the InterAmerican Court of Human Rights of March 30, 2006, fourteenth considering paragraph.