4
Therefore, “the Government asks the [...] Court to rescind the Provisional Measures
in this case.”
CONSIDERING:
1.
Colombia has been a State party to the American Convention on Human
Rights (hereinafter “the American Convention”) since July 31, 1973 and it accepted
the binding jurisdiction of the Court on June 21, 1985.
2.
Article 63(2) of the American Convention provides that in cases of “extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,”
the Court may, in matters it has under consideration, adopt such Provisional
Measures as it deems pertinent.
3.
Provisional Measures are exceptional in nature, they are issued on the basis
of protection needs and, once issued, they must be maintained as long as the basic
requirements mentioned in the previous Considering persist.
4.
The information supplied by the State shows that it implemented several
measures to protect the lives and physical safety of the members of the Zenú
Community protected by the Provisional Measures.
5.
The Commission does not have information that enables it to verify the
existence of the situation that justified adoption of the Provisional Measures six years
ago, and therefore it deems it pertinent to rescind the Provisional Measures. This
“does not preclude the possibility that the Commission may deem it necessary to
once again invoke the mechanism of Article 63(2) of the American Convention, if
circumstances and the available information so require” (supra Having Seen 10).
6.
The State asked that the Provisional Measures be rescinded in this case
(supra Having Seen 12).
7.
The Court has the authority to fully or partially rescind the Provisional
Measures that it has ordered.
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
exercising the authority granted to it by Articles 63(2) of the American Convention
on Human Rights and 25 and 29 of its Rules of Procedure,
DECIDES:
1.
To rescind and conclude the Provisional Measures ordered by the InterAmerican Court of Human Rights in its June 19, 1998, January 29, 1999 and August
12, 2000 Orders in favor of Rosember Clemente Teherán, Armando Mercado, Nilson
Zurita, Edilberto Gaspar Rosario, Dorancel Ortiz, Leovigildo Castillo, Santiago
Méndez, Zoila Riondo, Saúl Lucas, José Guillermo Carmona, Celedonio Padilla, Eudo
Mejía Montalvo, Marcelino Suárez Lazaro, Fabio Antonio Guevara, José Luis Mendoza,
Misael Suárez Estrada, Ingilberto M. Pérez, Martín Florez, Jacinto Ortíz Quintero,
Juan Antonio Almanza Pacheco, José Carpio Beltrán, and Luis Felipe Álvarez Polo.
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