h)
Even though the communities had sent a request for a comprehensive protection plan to
the National Protection Unit in October 2012, they had not received a response.
7.
The note of the Secretariat of February 27, 2013, in which, based on Article 27(5) of the
Rules of Procedure and on the instructions of the President of the Court, the State was required
to forward any observations it deemed pertinent on the representatives’ request and the
Commission’s brief by March 7, 2013, at the latest. The State was asked to provide any other
relevant information and documentation, in particular a detailed explanation on “the dangerous
situations that had been alleged, the measures of protection that it had implemented in relation
to preventive measures MC 79-99 decided by the Commission, or to any others decided by
domestic authorities.”
8.
The brief of March 3, 2013, in which the representatives presented “new facts” in relation
to their request for provisional measures.
9.
The note of the Secretariat of March 5, 2013, in which, based on Article 27(5) of the
Court’s Rules of Procedure and on the instructions of the President of the Court, the State was
required, in the observations that it had been asked to present on the said request, to refer also
to the information presented by the representatives.
10.
The communication of March 8, 2013, in which the State indicated that, in the context of
preventive measures MC 70/99, the Inter-American Commission had convened a working
meeting to be held on March 13 that year, together with the representatives of the beneficiaries,
and therefore requested an extension of 20 days to present the State’s report.
11.
The note of the Secretariat of March 12, 2013, in which, on the instructions of the
President of the Court, it advised that the extension requested by the State had been granted
until April 1, 2013, in the understanding that, within the framework of preventive measures MC
70/99 and/or based on other provisions of domestic law, the State was already adopting the
necessary measures to protect the life and personal integrity of the persons in whose favor the
provisional measures had been requested, while this request was decided.
12.
The brief of April 1, 2013, in which the State presented its observations. In particular, it
indicated the following:
a) Regarding the factors relating to the military intervention in the zones of Cacarica:
i. The 54th Battalion, stationed in the municipality of Mutatá, Antioquia, is operating under the
operational plans being implemented in the jurisdiction that covers CAVIDA, and is responsible for
the municipalities of Riosucio and Carmen Del Darién. Since January 2012, this unit has been
conducting territorial control operations in the said area, in order to provide permanent protection
to civil society, its property and the State’s resources, and to ensure the safety and integrity of the
region’s ethnic minorities, indigenous reserves, and Afro-descendant communities;
ii.
The security forces have been present constantly in the Cacarica River area, before and
after the activities of the 54th Battalion; there have been no significant alterations in public order,
and any isolated incident that may have arisen was neutralized. According to the Ministry of
Defense, it was aware of the presence of the 57th Front of the FARC in the area. The Army, based
on intelligence activities, had been able to conduct operations that had produced favorable results
for the State in the combat against the guerrilla; in particular, interventions in coca-processing
laboratories and seizures, and
iii. The State considers the presence of the Army and the National Police to be a sovereign and
legitimate act, stemming from protection and assistance policies, “designed merely to ensure the
constitutional order, and the integrity of national territory, and to provide protection to the
inhabitants of the region, in strict compliance with the international obligations to respect and
ensure human rights recognized in Article 1(1) of the Convention.”
8