7 accordance with the provisions of the American Convention, read in light of international humanitarian law.5 12. In this regard, the Court has held that: [t]he right to life is a fundamental human right, and the exercise of this right is essential for the exercise of all other human rights. If it is not respected, all rights lack meaning. Owing to the fundamental nature of the right to life, restrictive approaches to it are inadmissible. In essence, the fundamental right to life includes not only the right of every human being not to be deprived of his life arbitrarily, but also the right that he will not be prevented from having access to the conditions that guarantee a dignified existence. States have the obligation to guarantee the creation of the conditions required in order that violations of this basic right do not occur and, in particular, the 6 duty to prevent its agents from violating it. 13. The case to which the Commission’s request refers is not now pending with the Court for a decision on the merits; therefore, adoption of provisional measures does not imply a decision on the merits of the dispute between the petitioners and the State.7 In adopting provisional measures, the Court is merely ensuring that it is able to faithfully discharge its mandate under the Convention for cases of extreme gravity and urgency that require measures of protection to avoid irreparable harm to persons. NOW, THEREFORE, THE INTER-AMERICAN COURT OF HUMAN RIGHTS, in exercise of its authorities under Article 63(2) of the American Convention on Human Rights and Article 25 of its own Rules of Procedure, DECIDES: 1. To call upon the State to adopt, forthwith, the measures necessary to protect the life and the integrity of the person of all members of the communities that comprise the Kankuamo indigenous people. 2. To call upon the State to investigate the facts that necessitated the adoption of these provisional measures in order to identify those responsible and impose the appropriate punishments. 3. To call upon the State to ensure the security conditions necessary to ensure respect for the Kankuamo indigenous people‘s right to freedom of movement, and to 5 Cf. Matter of The Communities of Jiguamiandó and Curbaradó. Provisional Measures. Order of the Inter-American Court of Human Rights of March 6, 2003, ‘Considering’ eleven; and Matter of the Peace Community of San José de Apartadó. Provisional Measures. Order of the Inter-American Court of Human Rights of June 18, 2002, ‘Considering’ eleven. 6 Cf. Case of Myrna Mack-Chang. Judgment of November 25, 2003. Series C No. 101, par. 152; Case of Juan Humberto Sánchez. Judgment of June 7, 2003. Series C No. 99, par. 110; and Case of the “Street Children” (Villagrán-Morales et al.). Judgment of November 19, 1999. Series C No. 63, par. 144. 7 Cf., inter alia, Matter of Lysias Fleury. Provisional Measures. Order of the Inter-American Court of Human Rights of December 2, 2003, ‘Considering’ octavo; Matter of Lysias Fleury. Provisional Measures. Order of the Inter-American Court of Human Rights of June 7, 2003, ‘Considering’ ten; and Matter of The Communities of Jiguamiandó and Curbaradó. Provisional Measures. Order of the Inter-American Court of Human Rights of March 6, 2003, ‘Considering’ twelve.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents