ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 25, 2011
REQUEST FOR BROADENING OF
PROVISIONAL MEASURES REGARDING COLOMBIA
MATTER OF THE COMMUNITIES OF JIGUAMIANDÓ AND CURVARADÓ
HAVING SEEN:
1.
The Orders of the Inter-American Court of March 6, 2003, November 17, 2004, March 15,
2005, February 7, 2006, February 5, 2008, November 17, 2009, and August 30, 2010. In this last
order the Court ruled:
1.
To reiterate to the State of Colombia that it must adopt, without delay, the measures [which
are] necessary to protect the life and personal integrity of all of the members of the Community Council
of Jiguamiandó and the families of the Cur[v]aradó, beneficiaries of the instant measures[.]
2.
To reiterate to the State of Colombia that it must establish a mechanism of continuous
supervision and of permanent communication in the so-called “humanitarian refuge zones”[.]
3.
To reiterate to the State of Colombia that it must give participation to the representatives,
designated by the beneficiaries of these measures, in the planning and implementation of the measures
and that, in general, the State shall keep them informed of the progress of the measures ordered by the
Inter-American Court of Human Rights[.]
4.
To deny the representatives’ request for expansion of the provisional measures[.]
[…]
2.
The communication of April 16, 2011, whereby the Inter-American Commission informed
the Court of “circumstances that put the members of the Jiguamiandó and Curvaradó
communities at extremely grave and urgent risk;” the communication of April 29, 2011, whereby
the Commission submitted a request to broaden these provisional measures; the communication
of May 11, 2011, whereby the Inter-American Commission submitted additional information
regarding the provisional measures and their request for expansion; and the communication of
November 23, 2011, whereby the Inter-American Commission submitted its comments on the
representatives’ brief dated November 17, 2011 (infra Having Seen 3).1
3.
The brief of May 9, 2011, whereby the representatives of the beneficiaries of the
measures (hereinafter “the representatives”) addressed the request for provisional measures
submitted by the Inter-American Commission, and the briefs of August 29 and 30; October 10
and 20, and November 11, 2011, in which they submitted alleged new facts supporting the
request.
4.
The brief of May 25, 2011, whereby the State presented its comments on the InterAmerican Commission on Human Rights’ request (infra Having Seen 4); and the brief dated
November 23, 2011, whereby the Commission submitted written comments to the
representatives’ brief dated November 17, 2011 (supra Having Seen 3). The State did not submit
1
The communication dated November 16, 2011, in which the Inter-American Commission on Human Rights
submitted comments on the representatives’ briefs dated August 29 and 30 and Otober 10 and 20, 2011, was not taken
into consideration by the Tribunal because - among other reasons - it was submitted after the non-extendable deadline of
November 1, 2011, set by the President of the Court.