11
damage to persons in situations of extreme gravity and urgency.8 That the obligation
to report to the Court on the implementation of measures is twofold, which, for
effective compliance, requires the formal submission of a document within the
specified time limit and with specific, updated, detailed and factual information on the
issues to which this obligation refers.9
17.
That the Court emphasizes the importance of the submission of comments by
the Commission and the representatives of the beneficiaries on the information
provided by the State. The Court considers it necessary to point out that the
Commission’s comments are essential to evaluate the implementation, on the part of
the State, of the provisional measures ordered by the Court, considering the severity
of the situation and dangerous conditions facing the beneficiaries as well as the fact
that the Inter-American Commission, as an organ of the inter-American system, must
provide for the protection of human rights.
18.
That the State has informed the Court, inter alia, of the adoption of several
measures in furtherance of its obligations, such as the implementation by the Ministry
of Defense and the armed forces of a security plan to protect the Communities of
Jiguamiandó and Curbaradó. It also indicated that the Red de Solidaridad Social (Social
Solidarity Network) had carried out several activities in relation to the Communities,
such as delivery of emergency humanitarian assistance in cases of displacement;
supply of food; support for the scheduled return of displaced families to the
Communities; and formulation of production projects through a community-universitybusiness-state alliance. The State specified that there are 28 cases at “the preliminary
stage or evidence gathering stage”, 2 cases at “the pre-trial investigation stage” and 3
cases at the “preliminary complaint investigation stage.” In addition, it stated that
several proceedings were conducted in the course of the investigation into the death of
Pedro Murillo and the child Ricardo Guaraona, pending in the military criminal justice
system. Finally, the State informed the Court that the Colombian Public Prosecutor’s
Office opened criminal investigations into the alleged Trespass to Areas of Special
Ecological Significance by the company “URAPALMA”;
19.
That the representatives informed the Court, inter alia, of the alleged forced
disappearance and subsequent death of Mr. Orlando Valencia on October 18, 2005, in
respect of which they pointed out that “the complicity of Bajirá police, whether by act
or omission, in this forced disappearance [was] evident [, and that] both police and
[…] paramilitary forces were involved in the kidnapping operation.” They also referred
to the death of Mr. Alfonso Ibáñez, resident of the Humanitarian Areas of "Nueva
Esperanza", on January 24, 2006, who was allegedly killed by the Fuerzas Armadas
Revolucionarias de Colombia - FARC (Revolutionary Armed Forces of Colombia).
Moreover, they stated that the actions taken by the army and police forces were
inefficient insofar as the members of the Communities continued to be the target of
8
Cf., inter alia, Matter of the Peace Community of San José de Apartadó, supra note 1, Considering
clause No. 12; Matter of the Communities of Jiguamiandó and Curbaradó, supra note 1, Considering clause
No. 11; and Case of Bámaca-Velásquez. Provisional Measures. Order of the Inter-American Court of Human
Rights of March 11, 2005, Considering clause No. 15.
9
Cf., inter alia, Matter of Luisiana Ríos et al (Radio Caracas Televisión – RCTV), supra note 2,
Considering clause No. 17; Matter of Luis Uzcátegui. Provisional Measures. Order of the Inter-American Court
of Human Rights of December 2, 2003, Considering clause No. 12, and Matter of Marta Colomina and Liliana
Velásquez. Provisional Measures. Order of the Inter-American Court of Human Rights of December 2, 2003,
Considering clause No. 14.
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