ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS 1
OF MAY 30, 2013
REQUEST FOR PROVISIONAL MEASURES
WITH REGARD TO THE REPUBLIC OF COLOMBIA
AVILA MORENO ET AL. (CASE OF OPERATION GENESIS) 2
HAVING SEEN:
1.
The brief of February 26, 2013, of the Comisión Intereclesial de Justicia y Paz, the
organization representing the proposed beneficiaries (hereinafter
“the representatives”),
together with its attachments, in which it submitted to the Inter-American Court of Human
Rights (hereinafter “the Inter-American Court” or “the Court”) a request for provisional
measures under Articles 63(2) of the American Convention on Human Rights (hereinafter “the
American Convention” or “the Convention”) and 27 of the Rules of Procedure of the Court
(hereinafter “the Rules of Procedure”), for the Court to require the Republic of Colombia
(hereinafter “Colombia” or “the State”) to adopt provisional measures “in favor of [14] members
of the group of presumed victims in the case of Marino López et al. (Operation Genesis) v.
Colombia, which is currently being processed before the Court.” 3
2.
The background information presented by the representatives related to the request for
provisional measures, indicating that:
a)
The Urabá Chocoano, the region where the proposed beneficiaries are located, has
historically been taken over as a mobility corridor by various illegal armed groups, such as the
Revolutionary Armed Forces of Colombia (hereinafter “the FARC”) or paramilitary groups.
Consequently, the situation of violence in the Urabá region has been characterized, among other
1
Judge Humberto Antonio Sierra Porto, a Colombian national, did not take part in the deliberation and decision
on this request for provisional measures, pursuant to Articles 19(2) of the Court’s Statute and 19 of its Rules of
Procedure. Judge Eduardo Vio Grossi advised the Court that, for reasons beyond his control, he would be unable to
attend the deliberation and signature of this Order.
2
As the title for processing this request for provisional measures, the Court is using the first name that appears
on the alphabetical list of the proposed beneficiaries, who are presumed victims in the contentious case of López et al.
(Operation Genesis) v. Colombia, which is under consideration by the Court at the time this Order is issued. With regard
to the proposed beneficiary, Pascual Ávila Moreno, it is unclear whether he is presumed victim “Pascual Avila Carmona”
(who appears in Report 64/11 of the Inter-American Commission) or “P.A. Carmona” (who appears in the brief with
pleadings, motions and evidence of the representatives of the presumed victims). The Commission and the State did not
make any observations in this regard.
3
These are: 11 individuals who, according to the representatives and the Commission, play some kind of leading
role in CAVIDA, and three women leaders who had been displaced to Turbo. The proposed beneficiaries are: Bernardo
Vivas Mosquera, Sofía Roa, Marcos Fidel Velasquez, Rosalba Córdoba Rengifo, Elvia Hinestroza Roa, Etilvia Páez, Pascual
Ávila Moreno, Edwin Orejuela, Jhon Jairo Mena, Sofía Quinto, Alicia Mosquera Hurtado, Josefina Mena and Emedelina
Palacios. In a brief of February 26, 2013, the representatives indicated an error in the number of proposed beneficiaries,
because there were 10 and not 17 as mentioned in the initial brief. Subsequently, in a brief of March 3, 2013, the
representatives referred to a situation of risk for Angel Nellys Palacios.