Order of the
Inter-American Court of Human Rights
Of February 2, 2010
Provisional Measures regarding Colombia
Matter of Giraldo-Cardona et al.
Having Seen:
1.
The Order of the President of the Inter-American Court of Human Rights
(hereinafter, the “Court”, the “Inter-American Court” or the “Tribunal”) of October
28, 1996 and the Orders of the Court of February 5 and April 16, 1997; June 19 and
November 27, 1998; September 30, 1999; December 3, 2001 and November 29,
2006. In the last Order, the Court decided, inter alia:
1.
[T]o request the State to maintain the provisional measures and adopt such
other measures as may be necessary to protect the life and physical integrity of Sister
Noemy Palencia (as soon as she returns to Meta Department), of Islena Rey, and of
Mariela de Giraldo and her two minor daughters, Sara and Natalia Giraldo[;]
2.
[T]o reiterate the request made to the State to investigate the facts denounced
which gave rise to the adoption of these measures in order to identify those responsible
for such acts and, where appropriate, punish them, and to inform the Inter-American
Court of Human Rights about said investigation[;]
3.
[T]o reiterate the request made to the State to inform about the steps taken in
order to reopen the Comité Cívico por los Derechos Humanos del Meta (Meta
Department Human Rights Civic Committee) [and]
4.
[T]o reiterate the request made to the State so that the beneficiaries of the
provisional measures be allowed to take part in the planning and implementation thereof
and, in general, to keep them informed about the progress regarding the compliance
with the measures ordered by the Inter-American Court of Human Rights.
2.
The Order of the President of the Court of December 18, 2009, by means of
which it decided to convene the State of Colombia (hereinafter, the “State” or
“Colombia”), the Colombian Jurists Commission – representative of the beneficiaries
of the provisional measures (hereinafter, the “representatives”) and the InterAmerican Commission on Human Rights (hereinafter, the “Inter-American
Commission”) to a public hearing in order to obtain information from the parties
about the implementation of the provisional measures ordered in this matter.
3.
The arguments put forward by the parties at the public hearing on these
provisional measures held on January 29, 2010 at the seat of the Tribunal.1
1
To this hearing, there appeared: a) on behalf of the Colombian State: Carlos Franco Echeverría,
Director of the Presidential Program on Human Rights and International Humanitarian Law; Margarita Rey
Anaya, Director of Human Rights and International Humanitarian Law of the Ministry of Foreign Affairs;
Miguel Soto, Group Coordinator of the protection and information issues of the Department of Human
Rights and IHL of the Ministry of Foreign Affairs; Ekateria Ortiz Linares, Adviser of the Human Rights and