3
comments on the report submitted by the State on May 16, 2007, whose term for
submission had expired on July 3, 2007. The Secretariat, in its latter note, asked the
representatives and the Commission to specifically refer, in their comments, to the request
for rescinding the provisional measures submitted by the State, and to state their reasoned
opinion as regards the continuity and existence of a situation of extreme gravity and
urgency, and imminent irreparable damage to persons that would justify the need to keep
said provisional measures in force.
9.
The brief filed on August 17, 2007, in which the Inter-American Commission
expressed its comments on the reports submitted by the State on May 8, and July 24, 2007.
10.
The note submitted by the Secretariat on January 11, 2008, in which it stated that
the terms for the State to submit its ninth and tenth reports had expired. The Secretariat
also reiterated that the representatives had not yet submitted their comments on the
reports submitted by the State (supra Having Seen paragraph No. 8). For this last reason,
the Secretariat calls upon the representatives to submit said comments as soon as possible.
As at the date hereof, the State’s reports and the representatives’ comments have not been
received.
CONSIDERING:
1.
That Colombia is a State Party to the American Convention on Human Rights
(hereinafter, “the American Convention” or “the Convention”) since July 31, 1973, and it
acknowledged the contentious jurisdiction of the Court on June 21, 1985.
2.
That Article 63(2) of the American Convention provides that:
In cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has
under consideration. With regard to a case not yet submitted to the Court, it may act at the
request of the Commission.
3.
That Article 25 of the Rules of Procedure provides that:
1.
At any stage of the proceeding 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 whatever provisional measures it deems appropriate, pursuant to Article
63(2) of the Convention.
[…]
3.
In contentious cases already submitted to the Court, the victims or alleged victims, their
next of kin, or their duly accredited representatives, may present a request for provisional
measures directly to the Court.
[…]
6.
The beneficiaries of urgent measures or provisional measures ordered by the President
may address their comments on the report made by the State directly to the Court. The InterAmerican Commission of Human Rights shall present observations to the State’s report and the
observations of the beneficiaries or their representatives. […]
4.
That the State has not submitted the reports on the implementation of the
provisional measures within the established terms for submission. According to the
submitted reports, the State has been implementing measures to protect the rights to life
and humane treatment of the beneficiaries, which include, inter alia, assistance to