11.
The Court notes that the facts described by the Commission evidence prima facie
a situation of grave risk to the detriment of the proposed beneficiaries. In particular, it
takes note of what the Commission has mentioned regarding State agents having
allegedly taken part in almost every incident reported by the representatives. The
Tribunal recalls that the urgency required for the adoption of provisional measures refers
to special and exceptional situations that require and deserve immediate actions and
responses aimed at averting the threat. These are circumstances that due to their very
nature present an imminent risk. The nature of the response to repair the situation
derives from the urgency of the threat. This, above all, should imply an immediate and,
in principle, rapid measure to address the situation, as a lack of a response would in itself
be a danger.9 Likewise, in matters like this one, the extreme gravity of the threat should
be assessed taking into account its particular context, as it is clear that should
fundamental rights such as the right to life and physical integrity be threatened, the
context is one that would require that the adoption of protective measures be
considered.10 In this case, the irreparable nature of the damage that may be caused to
the right to life and physical integrity of the relatives of beneficiary Maria del Socorro
Mosquera Londoño is evidenced prima facie by the murder of Lubin Alfonso Mosquera,
who was allegedly attacked and threatened by police officers prior to his death, a
situation that other relatives of the beneficiaries have also allegedly faced.
12.
The Court takes into account that, according to documentation furnished by the
Commission, the majority of the alleged acts of attacks and intimidation have been
reported to State authorities. In addition, the Court recalls that in its Order of November
25, 2010, it took note of what the representatives reported regarding some of the alleged
incidents to the detriment of relative of Mrs. Mosquera Londoño. However, since the
“State [did] not have an opportunity to present its comments on them” and “the alleged
victims of said attacks [were] not the beneficiaries of the provisional measures”, it
indicated at that time that it could not rule on facts or situations that were not exclusively
related to the beneficiaries of the measures.11 Moreover, it notes that the alleged threats
against the proposed beneficiaries were also brought to the State's attention in the
representatives’ brief dated February 4, 2011 (supra Having Seen 3).
13.
The standard of prima facie assessment of a case and the making of assumptions
in response to a need for protection have on a number of occasions led the President and
the Court to order provisional measures.12
14.
Based on all these considerations, the Tribunal finds that the above-described
alleged facts reveal, prima facie, a situation of extreme gravity and urgency that justify
the adoption of protective measures in order to avoid irreparable damage to people.
Consequently, the Court deems it necessary for the State to adopt the measures
necessary to protect the lives and physical integrity of the children, grandchildren and
daughter-in-law of beneficiary Maria del Socorro Mosquera Londoño, namely: Lubin Arjadi
Mosquera, Hilda Milena Villa Mosquera, Iván Alberto Herrera Mosquera, Marlon Daniel
9
Cf. Matter of Capital El Rodeo I & El Rodeo II Judicial Confinement Center, Provisional Measures
regarding Venezuela. Considering 18; Matter of Alvarado Reyes et al. Provisional Measures regarding Mexico.
Order the Court of May 26, 2010, Considering 9, and Matter of Alvarado Reyes et al. Supra footnote 8,
Considering 47.
10
Cf. Matter of Capital El Rodeo I & El Rodeo II Judicial Confinement Center, supra footnote 9,
Considering 17, Matter of Pérez Torres et al. (“Cotton Field”). Provisional Measures regarding Mexico. Order of
the Court of April 24, 2009, Considering 11, and Matter of Alvarado Reyes et al., supra footnote ¡Error!
Marcador no definido., Considering 47.
11
Cf. Matter of Mery Naranjo et al, supra footnote 6, Considering 73.
12
Cf. inter alia, Matter of Monagas Judicial Confinement Center ("La Pica”). Provisional Measures
regarding Venezuela. Order of the President of the Inter-American Court of Human Rights of January 13, 2006,
Considering 16; Matter of Alvarado Reyes et al, supra footnote 8, Considering 27, and Matter of María Lourdes
Afiuni, supra footnote 2, Considering 22.
6