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CONSIDERING:
1.
That Colombia has been a State Party to the American Convention since July
31, 1973 and that it recognized the jurisdiction of the Court on June 21, 1985.
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, at the request of the Commission, take such provisional
measures as it deems pertinent in matters not yet submitted to it.
3.
That under Article 25(1) of the Rules of Procedure:
[a]t 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 whatever provisional measures it deems
appropriate, pursuant to Article 63 (2) of the Convention.
4.
That Article 1(1) of the Convention signals the duty incumbent upon the
States Parties to respect the rights and freedoms recognized in that treaty and to
ensure to all persons subject to their jurisdiction the free and full exercise of those
rights and freedoms.
5.
That the information submitted in this case effectively constitutes a prima
facie case of urgent and grave danger to the lives and physical safety of the twentytwo persons mentioned in the Commission's request. In those circumstances, the
urgent measures adopted by the President conform to the law and to the
proceedings in this matter and are therefore confirmed by the Court.
6.
That the Inter-American Commission has on two occasions (June 18, 1996
and January 7, 1998) adopted protective measures that have not produced the
required effects. On the contrary, the recent events (Having seens 2, 3 and 6)
suggest that the members of the Zenú indigenous community are in a situation of
grave risk. Consequently, exceptional circumstances do exist that call for the
adoption of provisional measures in order to avoid irreparable damage to them.
7.
That it is the responsibility of the State to adopt security measures for all
citizens, a commitment for which special pains must be taken when it concerns
persons involved in hearings before organs of the Inter-American system for the
protection of human rights, the aim of which is to determine whether or not the
human rights enshrined in the American Convention have been violated.
8.
That, likewise, Colombia has the obligation to investigate the acts that gave
rise to this request for provisional measures in order to identify those responsible
and punish them accordingly.
NOW, THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the powers conferred to it by Article 63(2) of the American Convention
on Human Rights and Article 25 of its Rules of Procedure.