6
he stated that the information is contradictory between that stated by the representative
and the State itself. In reference to the death of Mr. Dairo Torres, the State informed
that “an investigation is being carried out in the Ninety-Seventh Prosecution of the
Section of Apartadó.” Regarding the representative’s statements on the threats suffered
by Mr. Rodrigo Rodríguez, the State indicated that despite the request of protection
measures for said person, up to this date they have not been able to locate him.
According to the State, the beneficiary concluded that, “it was not sensible to receive
protection from the National Police Force, since one of the principles of the mentioned
Community was the non-participation of any armed actor […] because it put […] the
inhabitants at risk.” Regarding the reports on the alleged links of illegal armed groups
with members of the National Police, the State reiterated that “the police officers
assigned to San José de Apartadó and the urban center of the municipality of Apartadó,
do not have ties with any emerging group of paramilitaries or similar.” In this sense he
stated that, “there is no direct or specific accusation but instead only general accusations
that do not specify names or acts.”
On the other hand, the State has informed of the realization of meetings and visits to the
Peace Community in order to “check the security measures” implemented, to which the
beneficiaries or their representative allegedly did not assist. In this sense the State
indicated that “the Police has tried to reach the Peace Community of San José de
Apartadó, in company of institutions such as the Attorney General’s Office, Ombudsman,
Social Action, the Office of the Municipal Mayor, and up to this date it has not been
possible to access any type communication that allows them to know the situation in
which people live within the settlement of La Holandita, since they do not accept any help
that may come for state institutions. On the contrary, any type of rapprochement is
considered by them as actions that threaten the security of the Peace Community […].”
15.
That the Inter-American Commission stated (supra Having Seen Paragraph 5),
inter alia, in view of the information provided by the representative, its concern regarding
the recent facts that have affected the beneficiaries and the “situation in the area where
they live […] and its impact on society in general, given the presence of armed actors
that are part of the guerrilla and paramilitaries, as well as the frequent reports of acts of
collaboration and consent of members of the National Police Force with armed groups
that are on the fringe of the law.” During the public hearing celebrated (supra Having
Seen paragraph 7) the Inter-American Commission also informed the Tribunal of the
judgment issued by the Constitutional Court of Colombia on December 3, 2007, with
regard to the matters object of these provisional measures (infra Considering Clauses
number 19 and 24).
16.
That in International Human Rights Law provisional measures not only have a
precautionary nature, in the sense that they conserve a legal situation, but mostly
protective since they protect human rights, in the sense that they seek to avoid
irreparable damages to people. As long as they reunite the basic requirements of
extreme gravity and urgency and prevention of irreparable damages to people, the
provisional measures become a true legal guarantee of a preventive nature.7
7
Cfr., inter alia, Matter of Eloísa Barrios et al. Provisional Measures regarding Venezuela. Order of
September 22, 2005, Considering Clause number five; Matter of Luisiana Ríos et al. (Radio Caracas Televisión –
RCTV). Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of
September 12, 2005, Considering Clause number five, and Matter of the Urso Blanco Prison. Provisional
Measures regarding Brazil. Order of the Inter-American Court of Human Rights of September 21, 2005,
Considering Clause number four.