effectively protect fundamental rights as long as they try to avoid irreparable harm
to people.3
8.
That, according to the antecedents provided by the Commission, two
members from the Medellin branch of ASFADDES, Angel Quintero and Claudia
Patricia Monsalve, have disappeared, and that other members of said organization
have been exposed to several threats. Said antecedents show prima facie, according
to the Presidency, an extremely serious and urgent situation regarding the right to
life and personal integrity of Angel Quintero, Claudia Patricia Monsalve, Marta Soto,
Silvia Quintero, Gloria Herney Galindez, Gladys Avila, and Rocio Bautista, said
situation demands proper measures to ensure the life and integrity of said people
thus avoiding irreparable harm.
9.
That even though Angel Quintero, Claudia Patricia Monsalve, Marta Soto,
Silvia Quintero, Gloria Herney Galindez, Gladys Avila, and Rocio Bautista have not
been identified as the beneficiaries of provisional measures adopted by the Court,
they were generically protected by said measures since the Tribunal demanded the
State to adopt
any measures as may be necessary to ensure that all the branches of the Association of
Relatives of Missing Detainees of Colombia can perform the duties without endangering
their life or integrity of its employees.4
10.
That in this case the Court has decided that the State has the obligation to
investigate facts prompting provisional measures to identify the liable parties and
impose them a5 relevant punishment. Moreover, the Court has stated the need for
both parties to contribute to measure effectiveness.6
11.
That the case mentioned in the Commission request has not been informed to
the Court regarding its merits and; therefore, adopting pressing measures does not
3
Cfr. Paz de San Jose de Apartado Community Case. Order of the President of the Inter-American
Court of Human Rights on October 9, 2000, tenth whereas clause; and the Constitutional Court Case.
Provisional Measures. Order of the President of the Inter-American Court of Human Rights on April 7,
2000, E Series, No. 2, tenth.
4
Cfr. Digna Ochoa y Placido et al. Case. Provisional Measures. Order from November 17, 1999. E
Series No. 2, second operative paragraph; Álvarez et al. Case.
Provisional Measures. Decision of the
Inter-American Court of Human Rights on June 19, 1998, E Series, No. 2; Álvarez et al. Case. Provisional
Measures. Decision of the Inter-American Court of Human Rights on January 21, 1998, E Series No. 2;
Álvarez et al. Case. Provisional Measures. Order of the President of the Inter-American Court of Human
Rights on December 22, 1997, E Series No. 2; Álvarez et al. Case. Provisional Measures. Decision of the
Inter-American Court of Human Rights on November 11, 1997, E Series No. 2; and Álvarez et al. Case.
Provisional Measures. Order of the President of the Inter-American Court of Human Rights on July 22,
1997. Provisional Measures. E Series No. 2.
5
Cfr. Álvarez et al. Case. Provisional Measures. Decision of the Inter-American Court of Human
Rights on August 10, 2000. Álvarez et al. Case.
Provisional Measures. Order of the President of the
Inter-American Court of Human Rights July 17, 2000; Álvarez et al. Case. Provisional Measures. Decision
of the Inter-American Court of Human Rights on August 29, 1998, E Series No. 2; Álvarez et al. Case.
Provisional Measures. Decision of the Inter-American Court of Human Rights on June 19, 1998, E Series
No. 2; Álvarez et al. Case. Provisional Measures. Order of the President of the Inter-American Court of
Human Rights on December 22, 1997, E Series No. 2; Álvarez et al. Case. Provisional Measures. Decision
of the Inter-American Court of Human Rights on November 11, 1997. Provisional Measures. E Series No.
2; Álvarez et al. Case. Provisional Measures. Order of the President of the Inter-American Court of
Human Rights on August 14, 1997, E Series No. 2; Álvarez et al. Case. Provisional Measures. Order of
the President of the Inter-American Court of Human Rights on July 22, 1997, E Series No. 2
6
Cfr. Álvarez et al. Case. Provisional Measures. Decision from August 29, 1998. E Series No. 2.
sixth whereas clause.