4
Section for El Meta gave Mrs. Rey instructions on self-defense, insisting that she
change her routes and inform the Section about anything out of the ordinary that
occurred in order to assist her escorts. The latter were given instruction on security
measures and told that they should call the Section if they noticed anything out of
the ordinary and that they should also advise the Section if Mrs. Rey traveled outside
the city so that the situation of law and order in the zone to be visited could be
verified.
h.
About Mariela de Giraldo:
the National Police Force commenced
patrols around her residence, thereby executing the last remaining safety measure in
this case, as Mrs. Giraldo herself had requested mild security measures.
CONSIDERING:
1.
That Article 63.2 of the American Convention establishes that in 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 at
the request of the Commission, in matters which have not yet been submitted to it.
2.
That in the words of Article 25.1 of the Rules of Procedures of the Court:
[a]t any stage of the proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons, the Court may, at the request
of a party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63.2 of the Convention.
3.
That Article 1.1 of the Convention indicates the duty of the 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.
4.
That, according to the Court’s orders of October 28, 1996, February 5, 1997,
June 19 and November 27, 1998, the State is obliged to adopt such measures as
may be necessary to protect the life and physical safety of Sister Noemy Palencia (on
her return to El Meta), Islena Rey, Mariela de Giraldo and her two minor daughters,
Sara and Natalia Giraldo, in favor of whom the Court has ordered provisional
measures.
5.
That “a situation of extreme gravity and urgency” continues with regard to
the situation of Sister Noemy Palencia, Islena Rey Rodríguez, Mariela de Giraldo and
her two minor daughters, that justifies maintaining the provisional measures that
this Court adopted in their favor.
6.
That, according to the briefs presented by the Commission on September 3
and 15, 1999, and by the State on September 17, 1999, there is information to
suggest that the danger to the security of the persons protected continues, in
particular, Islena Rey, so that the Court considers that it is necessary to adopt
alternate mechanisms that make it possible to continue executing the provisional
measures.
7.
That the State must take all pertinent steps so that the measures ordered by
the Court are planned and applied diligently and effectively, with the participation of
the petitioners.