5
notwithstanding, the situation of risk in which these persons find themselves still persists, a
fact acknowledged by the State at the public hearing.
6.
This Court considers that the situation of the members of ASFADDES justifies the
adoption of Provisional Measures. Accordingly, Colombia has the obligation to maintain the
measures ordered by the President to guarantee the life and physical integrity of those
persons whose rights might be jeopardized, and to investigate the events denounced and, if
applicable, punish those responsible. That obligation to investigate, like the obligation to
prevent and punish, must be assumed by the State as a juridical duty and not as a mere
formality.
NOW, THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the powers conferred by Article 63(2) of the American Convention on Human
Rights and Articles 25(1) and 25(2) of its Rules of Procedure,
DECIDES:
1.
To ratify the orders of the President of the Inter-American Court of July 22 and
August 14, 1997.
2.
To require the State of Colombia to maintain the necessary measures for a period of
six months from the date of this Order so as to protect the lives and physical integrity of
José Daniel Álvarez, Nidia Linores Ascanio, Gladys López, Yanette Bautista, María Helena
Saldarriaga, Piedad Martín, María Eugenia López, Adriana Diosa, Astrid Manrique, Faride
Ascanio, Carmen Barrera, Evidalia Chacón, José Publio Bautista, Nelly María Ascanio, Ayda
Mile Ascanio, Miriam Rosas Ascanio, Erik Antonio Arellano-Bautista, and Javier Álvarez and
to avoid irreparable damage to them. Once the term has expired, the Court shall assess the
situation of the protected persons.
3.
To require that the State of Colombia adopt such measures as may be necessary to
protect the life and physical integrity of Mr. Erik Antonio Arellano-Bautista as soon as he
returns to its territory.
4.
To require that the State of Colombia investigate the events denounced and punish
those responsible for them, especially with regard to the attack of June 24, 1997, on the
offices of the Association of Relatives of Detained and Disappeared Persons of Colombia
(ASFADDES) in the city of Medellín.
5.
To require that the State of Colombia maintain the measures necessary to ensure
that all the offices of the Association of Relatives of Detained and Disappeared Person of
Colombia (ASFADDES) can discharge its duties without danger to the lives and physical
integrity of the persons working there, especially at the Association's offices in the cities of
Medellín and Ocaña.
6.
To require that the State of Colombia continue to report every two months on the
measures it has taken to comply with this order.
7.
To require that the Inter-American Commission on Human Rights submit its
comments on that information to the Court at least six week from the date of its receipt.