3
10.
that
The note of the Commission of March 27, 1999 (rectius 2000), where it stated
[…] due to the circumstances brought to the knowledge of the Honorable Court in the
communications of November 5, 1999, December 10, 1999, and January 28, 2000, the
Commission does not have the information necessary for the preparation of observations
on the report of the Illustrious State of Colombia in the case under consideration. The
Commission has reiterated its request for information to the petitioners, and shall send
the corresponding observations as soon as it has the information necessary to formulate
them.
11.
The eleventh report of the State, of June 29, 2000, where it pointed out that
in October 1998 the Protection Program of the Human Rights Office of the Ministry of
the Interior delivered communications equipment, through H&S Comunicaciones
Ltda, for the security and protection of the Zenú Indigenous Community. It also
reported that in May 1999 the Risk Regulation and Evaluation Committee requested
information from the National Police relative to the actions carried out by that
organization to verify the operation of said equipment, which would be transmitted
to the Court as soon as possible. Lastly, it added that, in accordance with the
information provided by that Ministry, additional and specific requests for protection
had not been received thereafter from the Zenú Indigenous Community.
CONSIDERING:
1.
That Colombia is a State Party to the American Convention since July 31,
1973, and that on June 21, 1985 it accepted the jurisdiction of the Court.
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 may, with respect to matters not yet submitted to its knowledge,
at the request of the Commission, “adopt such provisional measures as it deems
pertinent.”
3.
That in the terms of Article 25(1) of the Rules of Procedure of the Court,
At any stage of the proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons, the Court may, at the request
of a party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.
4.
That Article 1(1) of the Convention points out the obligation that the State
Parties have to respect the rights and freedoms recognized in that instrument, and to
guarantee the free and full exercise thereof to all persons subject to their
jurisdiction.
5.
That it is the responsibility of the State to adopt security measures for all
citizens, such commitment having to be even stricter in relationship to those persons
who are involved in proceedings before organs of the inter-American human rights
protection system, intended to determine whether rights provided for in the
American Convention have been violated.
6.
That the State and the Commission have the obligation to investigate and
inform the Inter-American Court about the situation of the protected persons.