10
8.
That this Court has previously protected, in the instant case, a plurality of
persons who have not been previously named and who are at grave risk in light of
Under the current
the fact that they are members of the Community.2
circumstances of the instant case, there are individuals in the Peace Community of
San José de Apartadó who are in the same situation in terms of risk, and who have
not been determined, but who may be identified and individualized through their link
to the community as service providers. Therefore, the Court deems it necessary to
maintain the provisional measures in favor of the persons already protected by the
October 9, 2000 Order of the President of the Court and the November 24, 2000
Order of the Court, as well as, for the reasons stated in the briefs filed by the
Commission and by the State and the respective arguments at the public hearing
held on June 13, 2002, to expand those measures to all persons linked as service
providers to that Peace Community.
9.
That the situation described above is especially grave in the case of persons
in charge of transportation services, in light of the fact that most recent acts of
violence against persons associated with the Peace Community have taken place “on
the road from Apartadó to San José de Apartadó, at the public transportation
terminal in Apartadó, and at the place called Tierra Amarilla,” where a checkpoint
has been functioning. This places those service providers, like other members of the
Peace Community, in a situation of grave vulnerability of their rights to life and to
humane treatment.
10.
That Article 1(1) of the Convention establishes the general obligation of the
States Parties to respect the rights and liberties set forth in that Convention and to
guarantee their free and full exercise by all persons under their jurisdiction. This
carries with it the duty to adopt such security measures as are required for their
protection. These obligations become even more obvious in connection with those
who are involved in proceedings with the oversight bodies of the American
Convention.3
11.
That to make the rights protected by the American Convention effective, the
State Party is under the obligation, erga omnes, to protect all persons who are under
its jurisdiction. In the opinion of the Court, this means that said general obligation is
imperative not only with respect to the power of the State but also with respect to
actions by third parties, including irregular armed groups of any type. The Court
notes that given the special characteristics of the instant case, and the general
conditions of the armed conflict in the Colombian State, it is necessary to protect,
through provisional measures, the right to life and the right to human treatment of
all members of the Peace Community of San José de Apartadó as well as those of all
persons having ties with that Community as service providers, in light of the
provisions of the American Convention and International Humanitarian Law.
2
See Case of the Peace Community San José de Apartadó. November 24, 2000 Order of the InterAmerican Court of Human Rights in Provisional Measures - Compendium: July 2000 – June 2001, Series E
No 3. Also, Case of the Mayagna (Sumo) Awas Tingni Community. August 31, 2001 Judgment. Series C
No. 79.
3
See Gallardo Rodríguez Case, Provisional Measures. February 18, 2002 Order of the InterAmerican Court of Human Rights, sixth considering; Gallardo Rodríguez Case, Provisional Measures.
February 14, 2002 Order of the Inter-American Court of Human Rights, seventh considering; Case of the
Constitutional Court, Provisional Measures. August 14, 2000 Order of the Inter-American Court of Human
Rights, ninth considering; Case of the Constitutional Court, Provisional Measures. April 7, 2000 Order of
the President of the Inter-American Court of Human Rights, ninth considering, and Digna Ochoa and
Plácido et al. Case, Provisional Measures. November 17, 1999 Order of the Inter-American Court of
Human Rights, seventh considering.