8
have filed criminal complaints with different State agencies, such as the
Colombian Public Prosecutor’s Office; and
k)
there are still cases pending in the military criminal justice system, such
as the case of Mr. Pedro Murillo’s death, and the whereabouts of his remains
are still unknown.
CONSIDERING:
1.
That Colombia ratified the American Convention on Human Rights (hereinafter
“the American Convention” or “the Convention”) on July 31, 1973 and recognized the
jurisdiction of the Inter-American Court, in accordance with Article 62 thereof, on June
21, 1985.
2.
That Article 63(2) of the American Convention sets forth that “[i]n cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons, the Court shall adopt such provisional measures as it deems pertinent in
matters it has under consideration.”
3.
that:
That, in this connection, Article 25 of the Court Rules of Procedure provides
1.
“At any stage of the proceedings involving cases of extreme gravity and urgency,
and when necessary to avoid irreparable damage to persons, the Court may, at the
request of a party or on its own motion, order such provisional measures as it deems
pertinent, pursuant to Article 63(2) of the Convention.”
2.
“With respect to a case not yet submitted to the Court, it may act at the request of
the Commission.”
[…]
4.
That Article 1(1) of the Convention establishes the general obligation of the
States Parties to respect the rights and freedoms enshrined therein and to ensure to all
persons subject to their jurisdiction the free and full exercise of those rights and
freedoms, which entails the duty to adopt such measures as may be necessary to
ensure their protection. These obligations become even more apparent in relation to
those involved in proceedings before the supervisory bodies of the American
Convention.1
5.
That, under International Human Rights Law, provisional measures are not only
precautionary in the sense that they preserve a legal interest, but fundamentally
protective in that they safeguard human rights. Provided that the basic requirements
of extreme gravity and urgency and the need to prevent irreparable damage to
persons are met, provisional measures become a true preventive judicial guarantee.2
1
Cf., inter alia, Matter of Eloisa Barrios et al. Provisional Measures. Order of the Inter-American Court
of Human Rights of September 22, 2005, Considering clause No. 6, Matter of the Peace Community of San
José de Apartadó. Provisional Measures. Order of the Inter-American Court of Human Rights of March 15,
2005, Considering clause No. 5, and Matter of The Communities of Jiguamiandó and Curbaradó. Provisional
Measures. Order of the Inter-American Court of Human Rights of March 15, 2005, Considering clause No. 5.
2
Cf., inter alia, Matter of Eloísa Barrios et al., supra note 1, Considering clause No. 7; Matter of
Luisiana Ríos et al (Radio Caracas Televisión – RCTV). Provisional Measures. Order of the Inter-American
Court of Human Rights of September 12, 2005, Considering clause No. 4, and Matter of Urso Branco Prison.
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