5
8.
That although the State’s reports describe the protection systems put in place
in favor of the beneficiaries, they do not refer to the investigation or to the
punishment of those responsible for the facts that gave rise to the adoption of
provisional measures and that, as an essential measure of protection, the State is
obliged to investigate and advise the Court about the threats and intimidating acts
suffered by the protected persons.
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
by virtue of the powers conferred on it by Article 63.2 of the American Convention on
Human Rights and Article 25 of its Rules of Procedure,
RESOLVES:
1.
To require the State of Colombia to maintain the measures necessary to
protect the life and physical safety of Sister Noemy Palencia (on her return to El
Meta), Islena Rey, and Mariela de Giraldo and her two minor daughters, Sara y
Natalia Giraldo, in whose favor the Inter-American Court of Human Rights ordered
provisional measures in its orders of October 28, 1996, February 5, 1997, and June
19 and November 27, 1998.
2.
To require the State of Colombia to investigate and inform the Inter-American
Court of Human Rights about the facts denounced, which gave rise to these
measures, in order to discover those responsible and punish them.
3.
To require the State of Colombia to provide information on the alternate
mechanisms that will be adopted to execute effectively the provisional measures
ordered by the Inter-American Court of Human Rights, as a consequence of the facts
described in the Commission’s briefs of September 3 and 15, 1999, and the State’s
brief of September 17, 1999, and on the efforts made to reopen the El Meta Human
Rights Civic Committee.
4.
To require the State of Colombia to continue allowing the petitioners to
participate in the planning and implementation of the measures referred to in the
previous point and, in general, maintain them informed on the progress of the
measures ordered by the Inter-American Court of Human Rights.
5.
To require the State of Colombia to continue presenting reports every two
months on the provisional measures it has taken and the Inter-American
Commission on Human Rights to submit its observations on the reports within six
weeks of their receipt.
Antônio A. Cançado Trindade
President
Máximo Pacheco-Gómez
Hernán Salgado-Pesantes