2
since
they have been maintained in force for NINETEEN (19) MONTHS, and as the requirement
of Extreme Gravity and Urgency invoked by the Commission does not exist, it has
become imperative, by reason of the temporary nature of the measures, that they be
annulled, since to prolong them indefinitely would be to distort their inherent character.
(Capitalized in the original).
5.
The letter sent to the Commission on May 20, 1995, by the President of the
Court, in which, in reference to this case and at the instance of the full Court, he
urged that the Commission,
should examine the possibility of submitting for the consideration of the Court any case
in which circumstances of extreme gravity and urgency persist for a prolonged period of
time, since the Court is not in possession of sufficient direct knowledge of the facts and
of the surrounding circumstances to permit it to come to the most appropriate decision.
CONSIDERING:
1.
That the extension of the provisional measures prescribed in operative
paragraph 1 of the Order of May 18, 1995, comes to an end on February 1, 1996.
2.
That up to the present the Government has punctually supplied reports
detailing actions which it has taken in fulfilment of the directives of the InterAmerican Court, as well as documents intended to demonstrate that in the
Municipality of Colotenango there are no "circumstances of extreme gravity that put
at risk the life and personal integrity of the inhabitants of Colotenango."
3.
That the Commission maintains that, although the imposition of provisional
measures has offered
some level of security to the thirteen persons protected, [the
Government] has not fully complied with the orders of the Court and
with its duty to guarantee the security of the persons protected [and
that a] situation of extreme gravity and urgency continues to exist.
4.
That the basis of the rule in Article 63(2) of the Convention is the
presumption that a request by the Commission for provisional measures is grounded
in the understanding that when it has completed its processing of the case before it,
that case will be submitted to the jurisdiction of the Court. This follows from the
interpretation of the phrase in that provision which reads: "[w]ith respect to a case
not yet submitted to the Court, it may act at the request of the Commission."
(Emphasis added).
5.
That in connection with the provisional measures in the Chunimá Case, the
Court has already set out the criteria to be applied in a matter such as the present
one. It stated that in regard to provisional measures in matters which have not been
submitted to this Curt, it is incumbent on the Commission to take all necessary steps
to examine the possibility of submitting to the jurisdiction of the Court any case in
which circumstances of extreme gravity and urgency persist for a prolonged period
of time, since the Court is not in possession of sufficient direct knowledge of the
facts and of the surrounding circumstances to permit it to come to the most
appropriate decision.
6.
That in light of the above, the President, in his letter of May 20, 1995, to the