ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF DECEMBER 3, 2001
PROVISIONAL MEASURES
IN THE MATTER OF THE REPUBLIC OF COLOMBIA
GIRALDO CARDONA CASE∗
HAVING SEEN:
1.
The Order of the Inter-American Court of Human Rights (hereinafter “the
Inter-American Court” or “the Court”) of June 19, 1998, in which it decided:
1.
To lift the provisional measures ordered by the Court in its order of February 5,
1997, in favor of Gonzalo Zárate and to consider them to be at an end.
2.
To require the State of Colombia to adopt such measures as may be necessary
to protect the life and personal safety of Sister Noemy Palencia upon her return to El
Meta.
3.
To maintain the provisional measures in favor of Islena Rey Rodríguez, Mariela
de Giraldo and her two minor daughters, Sara and Natalia Giraldo.
4.
That, as an essential part of its duty to protect, the State must take effective
measures to investigate and, where appropriate, punish those responsible for the acts
that gave rise to the adoption of the provisional measures.
5.
To call upon the State to report to the Court every two months, from the date
of notification of this order, on the measures it has taken in this case, and upon the
Inter-American Commission on Human Rights to submit its observations on the reports
within six weeks of their receipt.
2.
The order of the Inter-American Court of November 27, 1998, in which it decided:
1.
To call upon the State of Colombia to adopt all necessary measures to protect
the life and personal integrity of Sister Noemy Palencia on her return to El Meta.
2.
To maintain the provisional measures in favor of Islena Rey Rodríguez, Mariela
de Giraldo and her two minor daughters, Sara and Natalia Giraldo.
3.
That the State of Colombia must communicate with the beneficiaries of the
provisional measures in order to offer them due, serious, definitive and reliable
protection and refer to the result of this measure in its next report.
4.
To call upon the State of Colombia to include in its next report, as an essential
element of the duty to protect, information on the progress of the investigation into
those responsible for the facts that originated the provisional measures, and on the
punishment of those responsible for these facts and, if possible, transmit copies of the
corresponding proceedings.
∗
Judge Oliver Jackman advised the Court that, owing to circumstances beyond his control, he
would be unable to attend the fifty-third regular session of the Court; therefore, he did not take part in the
deliberation and signature of this Order.