9
who require special protection, because it would appear from what has been said
that some of them do not need protection.”
12.
That, having examined the facts and circumstances that justified the Order of
the President of February 6, 2007, to expand the measures in favor of two
beneficiaries and their next of kin (supra ninth, tenth and eleventh having seen
paragraphs) and the information provided by the representatives (supra fourteenth,
fifteenth and sixteenth having seen paragraphs), the Court considers it appropriate
to ratify the decisions taken by the President, because the information submitted
reveals, prima facie, that Wilmar Rodríguez Quintero and Yimmy Rodríguez Quintero
and their next of kin are in a situation of extreme gravity and urgency, because their
life and personal integrity are threatened and in grave danger. The standard for the
prima facie assessment of a case and the application of presumptions in the face of
the need for protection have led the Court to order provisional measures on different
occasions.4
13.
That, based on the detailed list presented by the representatives concerning
the next of kin of Wilmar Rodríguez Quintero and Yimmy Rodríguez Quintero who
require provisional measures (supra fourteenth having seen paragraph), the Court
considers that the measures adopted by the President should also protect: Nubia
Saravia, wife of Yimmy Rodríguez Quintero; Karen Dayana Rodríguez Saravia, 11
years old, and Valeria Rodríguez Saravia, 2 months old, both daughters of Yimmy
Rodríguez Quintero; William Rodríguez Quintero, brother of the beneficiaries; and
Jhon Carlos Rodríguez Quintero, nephew of the beneficiaries. The Court emphasizes
that, according to the representatives, these persons had to move to another town
owing to the dangerous situation they faced in Ocaña.
14.
That, the Court considers it does not have up-to-date, clear and precise
information about the danger of their situation and effective measures of protection
with regard to the other beneficiaries of these measures adopted by the Court
(Sandra Belinda Moreno Fuentes, Salomón Flórez, Luis José Pundor, Ana Diva
Quintero Quintero de Pundor, and their respective families). The Court considers that
the State must submit precise current information in this regard, so that it has the
necessary information to assess the implementation of the measures.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to the authority conferred by Article 63(2) of the American Convention on
Human Rights and Article 25 of its Rules of Procedure
DECIDES:
1.
To ratify all the terms of the Order of the President of the Inter-American
Court of Human Rights of February 6, 2007.
4
Cf. Matter of the Yare I and Yare II Capital Region Penitentiary Center. Provisional measures.
Order of the Inter-American Court of Human Rights of March 30, 2006, twentieth considering paragraph;
Matter of Monagas Judicial Confinement Center (“La Pica”). Urgent measures. Order of the President of the
Inter-American Court of Human Rights of January 13, 2006, sixteenth considering paragraph; and Matter
of Children Deprived of Liberty in the “Complexo do Tatuapé” of FEBEM. Provisional measures. Order of
the Inter-American Court of Human Rights of November 30, 2005, twenty-second considering paragraph.