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Commission to the Government...encompassed Islena Rey Rodríguez, Sister
Noemy Palencia, and Gonzalo Zárate, and other members of the Department
of Meta Committee on Human Rights, including Josué Giraldo Cardona. The
measures requested by the Commission did not include Mariela Giraldo, wife
of Josué Giraldo Cardona, or their two young children, Sara and Natalia.
Given the extreme urgency of the situation and the fact that the
precautionary measures of the Commission had not worked to protect Josué
Giraldo Cardona, the Commission decided not to request precautionary
measures on behalf of these persons after the murder of Mr. Giraldo,
petitioning instead directly to the Court for the adoption of provisional
measures, in accordance with Article 63(2) of the Convention.
CONSIDERING:
1.
That Colombia has been a State Party to the American Convention since July 31,
1973 and that it accepted the compulsory jurisdiction of the Court on June 21, 1985.
2.
That Article 63(2) of the American Convention provides that, in cases of “extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,” the
Court, in matters not yet submitted to it, may, at the request of the Commission, take the
provisional measures it considers pertinent.
3.
That in the terms of Article 24(4) of the Rules of Procedure of the Court: “[i]f the
Court is not sitting, the President, in consultation with the Permanent Commission and if
possible, with the other judges, shall call upon the government concerned to adopt such
urgent measures as may be necessary to ensure the effectiveness of any provisional
measures subsequently ordered by the Court at its next session”.
4.
That Article 1(1) of the Convention sets forth the obligation of the States Parties to
respect the rights and freedoms recognized in this treaty and to ensure to all persons
subject to their jurisdiction the free and full exercise of those rights and freedoms.
5.
That the violent past and the new violent events and aggression against the
members of the Meta Civic Committee of Human Rights, occurring since 1992, constitute a
situation of imminent and grave danger to the members of said Committee.
6.
That the Inter-American Commission had requested precautionary measures which
“have proven not to be efficient or to have produced the required effects, given that no
effective protection for the life and personal integrity of the members of the Civic
Committee was provided, particularly for its President, murdered on October 13” of this
year and, for this reason, the present exceptional circumstances make it necessary to order
urgent measures to avoid irreparable damage not only to the members of the Committee
but also to the family members of Josué Giraldo Cardona.
7.
That it is the responsibility of the Government to adopt security measures for all of
its citizens, an obligation that should be yet greater in regards to those who are involved in
matters before organs of the Inter-American system for the protection of human rights.
8.
That similarly, the Government of Colombia has the obligation to investigate the
events that motivated this request for provisional measures in order to identify those
responsible and to impose the appropriate sanction, particularly in regards to the murder of
Josué Giraldo Cardona.