11
b)
The State offered as protective measures those of the aforementioned
Program under the auspices of the Ministry of Justice and the Interior, to wit:
means of mobilization, support for temporary relocation; other moving support;
protective security measures; bulletproof vests; means of communication; and,
finally, perimeter security reinforcements, including technical security systems.
c)
The State reiterated its commitment to its obligations deriving from the
American Convention and stated that it was not attempting to pass these
obligations off on to private parties, but rather it simply intended to avail itself of
their services, all while under the full supervision, control, and administration of
the relevant entities.
CONSIDERING:
1.
Colombia has been a party to the American Convention since July 31, 1973, and,
pursuant to Article 62 of the same, recognized the jurisdiction of the Court on June 21,
1985.
2.
Article 63(2) of the American Convention states that, “[i]n cases of extreme
gravity and urgency, and when necessary to avoid irreparable harm 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.
In the terms of Article 72 of the Rules of Procedure of the Court:
1.
At any stage of proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable harm to persons, the Court may, on its own motion,
order such provisional measures as it deems appropriate, pursuant to Article 63(2) of the
Convention.
2.
With respect to matters not yet submitted before it, the Court may act at the
request of the Commission.
[…]
5.
The Court, or if the Court is not sitting, the Presidency, upon considering that it
is possible and necessary, may require the State, the Commission, or the representatives
of the beneficiaries to provide information on a request for provisional measures before
deciding on the matter requested.
[…]
4.
The Court has indicated that provisional measures are of a dual nature: one
The precautionary nature of provisional
precautionary and the other protective.6
6
Cf. Case of Herrera Ulloa v. Costa Rica (“La Nación” Newspaper). Provisional Measures regarding
Costa Rica. Order of the Inter-American Court of Human Rights of September 7, 2001. Considering clause
four; Matter of Belfort Istúriz et al. Provisional Measures regarding Venezuela. Order of the Inter-American
Court of Human Rights of April 15, 2010, Considering clause six; and, Case of the Caracazo v. Venezuela.
Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of May 28,
2010, Considering clause four.