5
4.
The Commission’s concern, stated in its communication (supra first having
seen paragraph), that the State had not adopted adequate preventive measures
notwithstanding the attacks by armed groups that harass the community; that
despite the military presence in several places, the members of the Communities
have not been encouraged to return to their humanitarian zones; and, that the
implementation of the agroindustrial oil palm project on the collective territory
continues without the consent of the Communities. The Commission also indicates
that, owing to the constant paramilitary armed raids, sowing activities for
community crops has been paralyzed, and this has exacerbated the food situation in
the short and medium term. Lastly, it indicates that the actions taken by the State
in response to the precautionary measures ordered by the Commission have not
provided effective protection to the beneficiaries, who continue to be subjected to
acts of harassment and violence by paramilitary groups that operate freely in a zone
where there is a substantial Army presence.
In light of the foregoing, the Inter-American Commission requested the Court “to
admit this request for provisional measures in response to the gravity of the situation
and the urgency to prevent irreparable damage to the communities of the
Jiguamiandó and the Curbaradó,” and asked the Court to order various specific
measures.
CONSIDERING:
1.
That the State ratified the American Convention on July 31, 1973, and that,
in accordance with Article 62 of the Convention, it accepted the contentious
jurisdiction of the Court on June 21, 1985.
2.
That Article 63(2) of the American Convention establishes 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, adopt such provisional
measures as it deems pertinent in matters not yet submitted to it.
3.
That, in the terms of article 25(1) of the Court’s Rules of Procedure:
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.
4.
That Article 1(1) of the Convention establishes the obligation of the States
Parties to respect the rights and freedoms recognized therein and to ensure to all
persons subject to their jurisdiction the free and full exercise of those rights and
freedoms.
5.
That, in general, the purpose of provisional measures in domestic legal
systems (internal procedural law) is to protect the rights of the parties in dispute,
ensuring that the judgment on merits is not prejudiced by their actions pendente lite.
6.
That, the purpose of urgent and provisional measures in international human
rights law goes further, because, in addition to their essentially preventive nature,
they protect fundamental rights, inasmuch as they seek to avoid irreparable damage
to persons.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents