11
12.
That Colombia is under the obligation to investigate the facts reported, so as
to identify and punish those responsible.
13.
That the Commission and the State, furthermore, have stated that the
measures adopted up to now have not been sufficiently effective, and they therefore
agree to implement new mechanisms, by mutual agreement, to protect the members
of the Peace Community, with participation by the beneficiaries of the provisional
measures and their representatives. Both the Commission and the State also stated,
at the public hearing, the needed to establish a mechanism for joint supervision and
permanent security in the Peace Community of San José de Apartadó.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority granted by Article 63(2) of the American Convention on
Human Rights and Articles 25 and 29 of its Rules of Procedure,
DECIDES:
1.
That the State maintain such measures as are necessary to protect the lives
and the right to humane treatment of all members of the Peace Community of San
José de Apartadó, under the terms of the October 9, 2000 Order of the President of
the Court and the November 24, 2000 Order of the Inter-American Court of Human
Rights.
2.
That the State adopt such measures as are necessary to protect the lives and
the right to humane treatment of all persons providing services to members of the
Peace Community of San José de Apartadó, under the terms of considering eight,
nine, and eleven of the instant Order.
3.
That the State investigate the facts that motivate the expansion of these
provisional measures, so as to identify and appropriately punish those responsible.
4.
That the State maintain such measures as are necessary to ensure that
persons benefiting from the instant measures can continue to live in their customary
residence and continue to ensure the conditions required for all persons who have
been forced to leave the Peace Community of San José de Apartadó toward other
parts of the country, to return to their homes.
5.
That the State guarantee the required security conditions along the route
between San José de Apartadó and Apartadó, at the public transportation terminal in
Apartadó, and at the place known as Tierra Amarilla, both to avoid new acts of
violence against public transportation services for persons, such as those described
in the instant Order (supra Having seen 6 and 13 ), and to ensure that the members
of the Peace Community effectively and permanently can transport and receive
products, supplies, and foodstuffs.
6.
That the State continue to enable participation of beneficiaries of the
provisional measures or their representatives in planning and implementation of
those measures and, in general, to keep them informed on progress regarding
measures ordered by the Inter-American Court of Human Rights.