4
members of the Community. Therefore, they must be considered also as members. In this case, it is
convenient to define the Community of Paz de San José de Apartadó collectively because this is an
affectation of fundamental individual rights, such as life and personal integrity […].4
8.
That the collective definition of the beneficiaries of these provisional measures is
based on their belonging to the Peace Community, their geographical location in the
municipality of San José de Apartadó, and the situation of grave danger they are going
through because they are members of said Community. In this sense, the 136 families
settled in the veredas of San Josesito, La Antena, La Cristalina, Arenas Altas, La Unión,
Mulatos, and La Esperanza, as members of the Peace Community that “assume all the
principles of the Peace Community” (supra Considering Clause number 6), must be
understood as beneficiaries of these provisional measures. In the case of the 144 families
that live in “humanitarian areas”, their membership in the Peace Community is not yet
clear. In this regard, the representative informed that this group of families “has
identified with the principles of the Peace Community even though it has not assumed all
the commitments to participate in community tasks and decisions.” This situation must
be clarified by the representative and the Inter-American Commission; assessed by the
Tribunal when adopting these provisional measures (supra Considering Clause number
7).
9.
That given the collective dimension of the provisional measures ordered in this
matter, this Tribunal has considered that the members of the Peace Community,
beneficiaries of these measures, do not need to be previously named. Besides, the Court
understands that in matters such as the present, in which the beneficiaries of the
measures of protection are in a situation of grave risk based on their membership to a
community, the provision of a list with the name of these people could make the
situation worse.
10.
That despite the aforementioned, the State’s request with regard to the
determination of the beneficiaries of these measures must be attended. It is important to
remember that when it adopted these provisional measures, the Court assessed that the
members of the Peace Community “can be identified and individualized.” When
presenting the grounds for its request for the adoption of provisional measures, the
Commission informed the Tribunal that the “members [of the Peace Community] are”
even “identified through an identity card” and it stated that “after three years of validity
of the precautionary measures, the State did not question or argue that it had any
problems in identifying the people they should protect. [T]he State understands the
collective dimension of the problem, it knows who it has to protect, it understands the
geographical limits, and the element of membership to the Community, as well as its
operative mechanisms […].”5
11.
That due to the present situation, it is necessary to reiterate that the State must,
in a manner agreed on with the representative of the beneficiaries of these provisional
measures plan and implement the measures most adequate for the protection and
security of the members of the Peace Community.6 This assumes the adoption of
protection measures that take into consideration the risk to the life and personal integrity
of the members of the Community associated to revealing their names. Likewise, for the
4
Cfr. Matter of the Peace Community of San José de Apartadó, supra note 2, Having Seen paragraph 9.
Cfr. Matter of the Peace Community of San José de Apartadó, supra note 2, Having Seen paragraph
number 9, subparagraphs j) and k).
6
Cfr. Matter of the Peace Community of San José de Apartadó. Provisional Measures regarding
Colombia. Order of March 15, 2005, second operative paragraph subparagraph i).
5