risk and threatened the life and personal integrity of the beneficiaries Sara Paola
Pinzón Lopez and Viviana Barrera Cruz.”
11.
The briefs of November 19, 2010, and January 26, 2011, in which the InterAmerican Commission on Human Rights (hereinafter “the Inter-American Commission”
or “the Commission”) submitted its observations on the reports of the State and the
briefs of the representatives.
CONSIDERING THAT:
1.
Colombia ratified the American Convention on Human Rights (hereinafter “the
American Convention” or “the Convention”) on July 31, 1973, and accepted the
jurisdiction of the Court, in keeping with Article 62 of the Convention, on June 21,
1985.
2.
Article 63(2) of the American Convention establishes 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 deems 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.
According to Article 27 of the Court’s Rules of Procedure2 (hereinafter “the Rules
of Procedure”“):
[…]
7. The monitoring of provisional or urgent measures ordered shall be carried out by means of
the submission of State’s reports and the filing of the corresponding observations to those
reports by the beneficiaries of such measures or their representatives. The Commission shall
present observations to the State’s report and to the observations of the beneficiaries of the
measures or their representatives.
[…]
4.
In order to determine the need to maintain these measures, the Court will
analyze the information presented by the State and the representatives on the actual
situation of risk of the beneficiaries, as well as their observations and those of the
Commission in this regard. First, the Court will refer to the current situation of the
beneficiaries as a group and, if possible, individually, because, in most cases, the Court
has not received complete information in this regard. Then the Court will determine the
need to maintain the measures in force.
1.
Current situation of the beneficiaries
1.1
Regarding 16 of the beneficiaries
5.
Regarding the situation of the Jaramillo family,3 the Contreras family,4 the
Valencia San Miguel family,5 and two members of the Pinzón López family,6 the State,
2
Rules of Procedure approved by the Court during its eighty-fifth regular session held from
November 16 to 28, 2009.
3
Carmen Johana Jaramillo Giraldo and Nory Giraldo de Jaramillo.
4
Yur Mary Herrera Contreras, Zully Herrera Contreras, Maryuri Caicedo Contreras, Gustavo Caicedo
Contreras, Rusbel Asdrúbal Martínez Contreras and Mariela Contreras Cruz.
3