2
4.
The briefs of the representatives of the beneficiaries of the provisional measures
(hereinafter “the representatives”) of February 4, June 5, August 5, September 14 and
October 28, 2006, and February 15 and May 29, 2007.
5.
The observations of the Inter-American Commission on Human Rights (hereinafter
“the Commission” or “the Inter-American Commission”) of May 8, August 28, and
November 16, 2006, and September 25, 2007.
6.
The brief of December 20, 2006, submitted by 32 families of Puerto Lleras and
Pueblo Nuevo in the valley of the Jiguamiandó River, and the brief of October 1, 2007,
submitted by 177 families of the Curbaradó Community Council, in which they asked to
be allowed to represent themselves in the processing of these provisional measures.
CONSIDERING:
1.
That 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 Inter-American Court, pursuant to Article 62 of the Convention, on
June 21, 1985.
2.
That 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.
That Article 25(1) of the Court’s Rules of Procedure stipulate that “[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.”
4.
That, pursuant to the Orders of the Inter-American Court of March 6, 2003,
November 17, 2004, March 15, 2005, and February 7, 2006 (supra first and second
having seen paragraphs), the State must, inter alia: (a) adopt, without delay, the
necessary measures to protect the lives and safety of all the members of the
communities composed of the Community Council of the Jiguamiandó and the families of
the Curbaradó; (b) adopt all necessary measures to ensure that the persons benefiting
from these measures may continue living in their place of residence, free from any kind
of coercion or threat; (c) grant special protection to the so-called “humanitarian refuge
zones” established for the communities comprising the Community Council of the
Jiguamiandó and the families of the Curbaradó; (d) ensure the necessary security so that
the members of the beneficiary communities who have been forcibly displaced may
return to their homes or to the “humanitarian refuge zones” established for these
communities, and (e) establish a continuous monitoring and permanent communication
mechanism in the so-called “humanitarian refuge zones.”
*
*
*
5.
That, regarding the security measures adopted in favor of the communities that
are the beneficiaries of the provisional measures, the State has referred to Directive No.
008 (2005) of the Public Prosecutor’s Office (Procuraduría General), which requires the
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