3
2.
To call upon the State of Colombia to investigate and punish those responsible for the
acts denounced by the Inter-American Commission on Human Rights in its brief of December 17,
1997.
3.
To submit the present order to the consideration of the Court during its next Regular
Session for the pertinent effects.
4.
To request that the State of Colombia include in the bi-monthly reports it will submit, in
accordance with the Order of November 11, 1997, the measures taken in virtue of the present
order, so as to put them to the consideration of the Court.
CONSIDERING:
1.
That Colombia is a State Party to the American Convention whose Article 1(1) of the
stipulates that it is the duty of 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. On June 21, 1985 Colombia accepted, in accordance with Article
62 of the Convention, the compulsory jurisdiction of this Court.
2.
That Article 63(2) of the Court states that:
[i]n cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons, the Court shall adopt such provisional measures as it deem pertinent in matters it has
under consideration. With respect to a case not yet submitted to the Court, it may act at the
request of the Commission.
3.
That the Court has examined the events and the circumstances on which the Order
of the President of December 22, 1997, are based, which the Court confirms as within the
law and the merits of the facts.
4.
That Colombia has informed the Court that some measures have been taken to
protect José Daniel Álvarez, Nidia Linores Ascanio, Gladys López, Yanette Bautista, María
Helena Saldarriaga, Piedad Martín, María Eugenia López, Adriana Diosa, Astrid Manrique,
Faride Ascanio, Carmen Barrera, Evidalia Chacón, José Publio Bautista, Nelly María Ascanio,
Ayda Mile Ascanio, Miriam Rosas Ascanio, Erik Antonio Arellano Bautista and Javier Álvarez,
all in compliance with the Order of November 11, 1997 (supra para. 3).
5.
That despite the efforts of the State to attend to the needs of the petitioners, a
situation of risk remains for the persons on whose behalf the provisional measures were
sought and therefore the measures should be maintained in conformity with that
established in the November 11, 1997 Order.
6.
This Court feels that the situation Ms. Eugenia Cárdenas and her family face, justifies
the expansion of the measures ordered by the President to guarantee the life and personal
integrity of those persons who could be threatened; as well as to investigate the events
denounced and, in its case, to punish those responsible. Said obligation to investigate, as
that of to prevent and punish, should be assumed by the State as a legal duty and not as a
mere formality.
7.
That in order to ensure the effective protection of the family of Ms. María Eugenia
Cárdenas, it is important that the Commission identify them.