necessary, recourse may be had once again to the organs of the inter-American system for
the protection of human rights, in order to activate the mechanisms established for
situations of extreme gravity and urgency, and the need to avoid irreparable damage
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority conferred by Article 63(2) of the American Convention on
Human Rights, and Article 27 of its Rules of Procedure,
DECIDES:
1.
To take note of the activities of coordination, design and implementation of measures
of protection carried out by the State in favor of the beneficiaries of these provisional
measures and, in particular, of their supervision by the Constitutional Court of Colombia.
2.
Consequently, and in application of the principle of subsidiarity, and in the
understanding that the Constitutional Court of Colombia will continue monitoring compliance
with its order for the protection of the communities of the Jiguamiandó and Curvaradó river
basins, and that all the pertinent authorities will continue adopting the series of measures
required to respond to the situation of risk faced by these communities, to lift the
provisional measures ordered by the Inter-American Court of Human Rights since March 6,
2003, and subsequently ratified, in favor of the members of the humanitarian zones of
Nueva Esperanza, Pueblo Nuevo, Caño Claro and El Tesoro, and of the five biodiversity
zones known as Erasmo Sierra, Enrique Petro, Familia Tuberquia, Ligia María Chaverra and
Efrén Romaña, members of the communities of the Jiguamiandó and of the Curvaradó.
3.
In the terms of Articles 1(1) and 2 of the American Convention, the lifting of the
provisional measures does not mean that the State is relieved of its treaty-based obligations
of protection, pursuant to considering paragraphs 13, 17, 21, 25, 54 and 56 of this Order.
4.
To require the Secretariat of the Inter-American Court of Human Rights to notify this
Order to the Inter-American Commission on Human Rights, the representatives of the
beneficiaries of the provisional measures, and the Republic of Colombia.
5.
To archive the file of this matter.
Diego García-Sayán
President
Manuel E. Ventura Robles
Alberto Pérez Pérez
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