-4should facilitate the participation of the beneficiaries in the planning of the
protection;
d) María del Socorro Mosquera Londoño is “currently displaced and, owing to the
existing danger, does not plan to return to the district.” Consequently, the
appropriate measures would include a genuine investigation into the acts
perpetrated and the threats she has received in order to eliminate the risk of
irreparable damage, and that the State adopt all possible measures to ensure
that she receives the attention called for by her status as a displaced person;
e) The State conduct a genuine, complete and prompt investigation into the acts
of aggression against the beneficiaries; individualize those responsible and
impose the corresponding sanctions, and
f) The State report on progress in the adoption of the measures.
CONSIDERING:
1.
That Colombia has been a State Party to the American Convention on Human
Rights since July 31, 1973, and accepted the compulsory jurisdiction of the Court on
June 21, 1985.
2.
That Article 63(2) of the Convention establishes that “in cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,”
at the request of the Commission, the Court may adopt such provisional measures as
it deems pertinent, in matters that are not yet submitted to its consideration.
3.
That, in this regard, Article 25 of the Rules of Procedure establishes that:
1.
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.
2.
With respect to matters not yet submitted to it, the Court may act at the request
of the Commission.
[...]
6.
The beneficiaries of urgent measures or provisional measures ordered by the
President may address their observations on the report made by the State directly
to the Court. The Inter-American Commission of Human Rights shall present
observations to the State’s report and to the observations of the beneficiaries or
their representatives
4.
That, under domestic legal systems (domestic procedural law) in general, the
purpose of provisional measures is to preserve the rights of the parties in dispute,
ensuring that the judgment on merits is not prejudiced or prevented by their actions
pendente lite.
5.
That, under international human rights law, provisional measures are not
merely preventive, in that they preserve a juridical situation, but rather they are
essentially protective, since they protect human rights, inasmuch as they seek to avoid
irreparable damage to persons. Provided that the basic requirements of extreme
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