9
with the orders of the Inter-American Court of Human Rights in which it was necessary to for
the authorities and the Peace Community to agree on the actions.
[…]
As has been previously expressed, the lack of trust of the Peace Community of San José de
Apartadó toward the state’s institutions is understandable. The uninterrupted series of crimes
of which it has been victim, without the criminal investigations showing any relevant
progress, and, therefore, without those responsible having been punished explains this lack of
trust. However, this preventive attitude has led the Peace Community to act with a decisive
antagonism toward the state’s institutions, which has even led it to recently distance itself
from the Ombudsman. In view of the number of victims the Community has suffered and the
difficulties it encounters, we are faced with the question of if the road chosen is the most
adequate to guarantee the rights and wellbeing of its members.
The Chamber of Review wants to point out the need to create points of proximity between the
institutions and the Peace Community, so that the measures ordered by the Inter-American
Court of Human Rights and by Judgment T-327 of 2004 may be applied. In effect, the
generation of minimum levels of trust would allow that the measures of protection ordered by
the Inter-American Court of Human Rights be agreed on, as ordered by this same institution.
In this sense, it is important to point out that the primary responsible for carrying out
measures to generate trust is the State and not the Peace Community. One more reason to
urge the Ombudsman del Pueblo to actively promote measures to build trust.
From the point of view of the institutions, this rapprochement is necessary in order to comply
with their constitutional and legal responsibility to guarantee the members of the Community
the enjoyment of their rights, as well as from the point of view of the Peace Community
because, even though it may seem paradoxical, the validity of the rights of its members
depends on how the State’s institutions are able to articulate. This also demands that the
Colombian institutions understand that their role in the area is to protect the rights and
freedoms of all people, including the members of the Peace Community. This understanding
of its mission in the region is what must guide all the decisions and actions carried out there.
Thus, pursuant to the Constitution the National Police may have presence and act in the area.
However, it is vital that the activity of the National Police Force in the area adjust strictly to
International Humanitarian Law especially in what refers to the principle of distinction and the
duty to avoid putting civilians in danger. This implies, for example, that when planning the
location of the police posts it must always be considered if this generates a grave and
imminent threat for the life and integrity of the people the Police Force is obliged to protect.”
24.
That the situation of lack of trust and absence of negotiation between the State
and the beneficiaries of these provisional measures must be overcome. In this sense, this
Tribunal sees with positive eyes and coincides with the considerations made by the
Constitutional Court of Colombia in this sense.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to the authority conferred by Article 63(2) of the American Convention on
Human Rights and Articles 25 and 29 of the Rules of Procedure of the Court,
DECIDES: