ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 25, 2010
REQUEST FOR PROVISIONAL MEASURES SUBMITTED BY
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
REGARDING THE REPUBLIC OF COLOMBIA
MATTER OF THE COLOMBIAN COMMISSION OF JURISTS
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter the
“Inter-American Commission” or the “Commission”) of November 9, 2009, and
attachments, whereby it filed with the Inter-American Court of Human Rights
(hereinafter the “Inter-American Court,” the “Court,” or the “Tribunal”) a request for
provisional measures pursuant to Article 63(2) of the American Convention on Human
Rights (hereinafter the “American Convention” or the “Convention”) and Rule 26 of the
Rules of Procedure of the Court (hereinafter the “Rules of Procedure”) with the aim of
requiring that the Republic of Colombia (hereinafter the “State” or “Colombia”)
safeguard the lives and right to humane treatment of the members of the Colombian
Commission of Jurists (hereinafter “CCJ”).
2.
The alleged facts upon which the present request for provisional measures
presented by the Commission is based, to wit:
a)
During 2003, various State officials accused the members of the CCJ of
being “the legal arm of the FARC,” the “political-legal spokesmen for the FARC,”
“inclined to engage in subversive activities,” and “fomenters of revolution.” In
light of the impact that such allegations could have on the right to humane
treatment of its members, the CCJ requested that the then-President of Colombia
act in order to protect the rights of the organization pursuant to his constitutional
duty to do so, which was denied;
b)
On September 8, 2003, the then-President of Colombia had accused
human rights organizations of being “human rights traffickers,” “human rights
politicians,” and “to be in the service of terrorism.” When faced with a petition to
correct his remarks, the President apologized only for the tone he used and
declared that “when it comes to Colombians’ security we will not show any
weakness.” The State also announced its intention of initiating an investigation
into the activities of non-governmental organizations (“NGOs”) present in the
country in order to avoid that they be used “to attack the State.” Later, some
paramilitary groups voiced support for the presidential speeches and confirmed
that, in the Commission’s judgment, human rights organizations were in the
paramilitaries’ sights;