1.
To reject the request submitted by the Inter-American Commission on Human Rights
to reconsider and/or to provide grounds for the Order of November 25, 2011, pursuant to the
fourth considering paragraph of [the] Order. […]
4.
The briefs of October 11 and December 27, 2010; March 1, April 27, May 18, July
19, August 3, September 5 and 21, November 22 and 23, and December 14, 2011; January
18 and 27, April 9 and 17, May 18 and July 18, 2012, and January 15 and 29, February 5
and March 21, 2013, in which the Republic of Colombia (hereinafter “the State” or
“Colombia”) presented information on the implementation of the provisional measures and
referred to additional information forwarded by the representatives and by the InterAmerican Commission (infra having seen paragraphs 5 and 6). Furthermore, in the briefs of
August 17, September 21 and November 23, 2012, and January 29, February 5 and March
21, 2013, the State requested that the provisional measures be lifted.
5.
The briefs of February 17, April 15, May 8 and July 25, 2011; August 2, 8, 29 and
30, October 10 and 20, November 17 and 29 2011; February 17, May 22 and 30, and June
13, 2012, and February 6 and May 6 2013, in which the representatives presented their
observations on the reports of the State (supra having seen paragraph 4), as well as
additional information related to presumed incidents involving extreme gravity and urgency.
In addition, the brief of October 16, 2012, in which the representatives presented
observations on the information provided by the State that had been requested by the
Court in plenary regarding the maintenance of the provisional measures, among other
matters (supra having seen paragraph 4 and infra having seen paragraph 7).
6.
The briefs of April 16, July 19 and 22, August 10, November 16 and 23, 2011;
January 9 and 13, March 20, June 14 and July 6 2012, and January 2 and 25, February 4
and May 10, 2013, in which the Commission forwarded observations on the reports of the
State and presented additional information related to the implementation of these
provisional measures and to the additional information provided by the representatives
(supra having seen paragraphs 4 and 5). Also, the communication of October 17, 2012, in
which the Commission forwarded its observations on the information forwarded by the State
that had been requested by the Court in plenary (supra having seen paragraph 4 and infra
having seen paragraph 7).
7.
The note of the Secretariat of the Court (hereinafter “the Secretariat”) of July 4,
2012, in which, on the instruction of the Court in plenary, the State was requested to
provide specific information related to these provisional measures in order to assess
whether to maintain them. Also, the Secretariat’s note of August 28, 2012, in which, on the
instructions of the President of the Court, the Inter-American Commission and the
representatives of the beneficiaries were requested to present their observations on the
information that the State had been asked to provide.
CONSIDERING THAT:
1.
Colombia has been a State Party to the American Convention on Human Rights
(hereinafter “the American Convention” or “the Convention”) since July 31, 1973, and
accepted the contentious jurisdiction of the Court on June 21, 1985.
2.
The preamble of the American Convention establishes that:
Recognizing that the essential rights of man are not derived from one's being a national of a certain
State, but are based upon attributes of the human personality, and that they therefore justify
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