5
and constitutional obligations, since the beneficiaries and petitioners of the present
measures have not wanted to hold conversations with the State.”
15.
That the representative indicated that the members of the Peace Community refuse
to return to consensus-building meetings with the State “on the grounds of bad faith.” In
this regard, he indicated that the Peace Community “have not terminated the effort to build
consensus, but as a minimum condition, it requires” among other matters, respect for the
Humanitarian Zones and the withdrawal of the police post from the center of San José de
Apartadó, in order to return to the concertation meetings to discuss “fairer conditions for
installing a police post.”
16.
That the Commission recalled that “the beneficiaries and their representatives have
expressed concern about the role of members of the Police in the zone, vis-à-vis the illegal
armed groups operating there, and have elaborated a series of reports on their
responsibility by act or omission or for acts of harassment. While individuals linked to the
Police continue to be identified with the acts of violence and the threats that justified the
issue of provisional measures and their continuation, obstacles will persist to the
implementation of continuous monitoring mechanisms with the beneficiaries, over and
above the actions deployed by the Police in the zone.”
17.
That, based on the above, the President considers that the Court needs to hear the
points of view of the Inter-American Commission, the representative, and the State
concerning the measures the parties should adopt in order to overcome the obstacles to
building consensus that have occurred while these provisional measures were being
processed.
*
*
18.
*
That Article 25(7) of the Court’s Rules of Procedure establishes that:
The Court, or its President if the Court is not sitting, may convoke the parties to a public hearing
on provisional measures.
19.
That, regarding hearings, Article 14(1) of the Rules of Procedure stipulates that:
Hearings shall be public and shall be held at the seat of the Court. When exceptional
circumstances so warrant, the Court may decide to hold a hearing in private or at a different
location. The Court shall decide who may attend such hearings. Even in these cases, however,
minutes shall be kept in the manner prescribed in Article 43 of these Rules.
20.
That, based on all the above, the President, in consultation with the judges,
considers it necessary and opportune to convoke a public hearing to listen to the allegations
of the Commission, the representative, and the State about, inter alia: (a) determination of
updated information on the number of people who are members of the Peace Community
and the settlement where they reside; (b) the grave facts denounced by the representative
(supra tenth considering paragraph); (c) the difficulties posed in the implementation of the
measures ordered in the instant case, and also (d) how to overcome the obstacles to
consensus-building, pursuant to the ninth, thirteenth and seventeenth considering
paragraph of this Order.