Jiguamiandó and Curvaradó communities for whom the expansion of the provisional measures
was requested. In addition, the Commission also referred vaguely to alleged acts of threats and
harassment against various inhabitants of the humanitarian and biodiversity areas, for whom the
expansion of these measures was also requested (supra Considering 12).
25.
The Court considers that an adequate assessment of the request for expansion of
provisional measures implies a differentiated analysis of the five situations presented by the
Inter-American Commission. On one hand, the Court observes that the alleged increase in
families within the humanitarian and biodiversity zones - whose members are already
beneficiaries of the instant provisional measures (supra Considering 12, subparagraph a) – would
imply, as requested by the Commission although not clearly, an update to the number of
beneficiaries of said measures, and not an expansion thereof. This, with the understanding that
the humanitarian and biodiversity zones under consideration are those already included in this
matter. In this regard, the Court finds it natural that the number of families in those humanitarian
and biodiversity zones has changed over the more than eight years the provisional measures
have been in force. In this regard, the Court notes that the number of families currently residing
in these humanitarian and biodiversity zones covered by these provisional measures increased
from 161 to 214.
26.
Similarly, for the reasons indicated in the considering paragraph above, the Court observes
that the situation mentioned by the Commission regarding the “[a]rrival of new families” to the
humanitarian areas of Pueblo Nuevo, Nueva Esperanza, El Tesoro and Andalucía-Caño Claro
(supra Considering 12, subparagraph b), also constitutes an update of the number of beneficiaries
and not an expansion of the provisional measures in a strict sense, given that the humanitarian
zones in question are already included in the instant matter. Therefore, the Court notes the
update in the number of families resident in these humanitarian zones.
27.
However, regarding the situation described by the Commission in which 15 families whose
members were originally beneficiaries of the provisional measures because they were living in the
El Tesoro humanitarian zone and Andalucía-Caño Claro humanitarian zone – included in the
instant provisional measures – moved and created the new Camelias-El Tesoro humanitarian
zone - currently comprised of 26 families – the Court finds that this is not a mere update of the
situation of the original beneficiaries but a formal claim for expansion of the provisional measures
(supra Considering 12, subparagraph c). The Commission requested these types of measures for
all of the members of the “new” Camelias-El Tesoro humanitarian zone, which comprises other
families that are not beneficiaries of the provisional measures. In this regard, in the Order of
August 30, 2010 (supra Having Seen 1), in response to a similar request previously submitted by
the representatives, the Court highlighted – as previously mentioned – the collective character of
the instant provisional measures in addition to a large number of beneficiaries thereof and their
different geographic locations. Therefore, in a situation of this nature, the Court found that the
provisional measures mechanism requires that the requirements found in the Convention of
gravity, urgency, and irreparable nature of the damage be confirmed, as indicated in Article 63(2)
of the Convention, with regard to the persons for whom the measures are intended. In this
regard, the fact that the humanitarian zone of Camelias-El Tesoro is currently comprised of
members that were originally beneficiaries of these measures is not sufficient to automatically
award all of its members an expansion of the measures, based on the sole fact of alleged sharing
of risk factors with members of the humanitarian and biodiversity areas who are beneficiaries of
the protection measures ordered by the Court. Because it is a “new” humanitarian zone, as
described by the Commission, and located in a different area than the other zones, as inferred
from the maps provided by the Commission, (supra Considering 15), the Court finds that in this
specific case, it must be proven that the requirements established in Article 63(2) of the
Convention are present. In this regard, the Inter-American Commission based its request for
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