DECISION OF THE PRESIDENT OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF OCTOBER 9, 2000
PROVISIONAL MEASURES REQUESTED BY
THE INTER-AMERICAN COMMISSION OF HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF COLOMBIA
PEACE COMMUNITY OF SAN JOSÉ DE APARTADÓ CASE
HAVING SEEN:
1.
The brief of the Inter-American Commission of Human Rights (hereinafter
“the Commission” or “the Inter-American Commission”) of October 3, 2000, which
submitted to the Inter-American Court of Human Rights (hereinafter “the Court” or
“the Inter-American Court), in keeping with Article 63(2) of the American Convention
on Human Rights (hereinafter “the Convention” or “the American Convention”), and
Article 25 of the Rules of Procedure of the Court, a request of provisional measures
on behalf of the inhabitants of the Community of Paz de San José de Apartadó,
Department of Antioquia, Republic of Colombia, to protect their lives and personal
integrity, regarding case No. 12.325, which is currently in process before the
Commission.
2.
That, in said brief, the Commission stated that the residents of said
community “have been the object of serious acts of violence and harassment by
paramilitary groups in the area,” of which the members of the Colombian Army
would also be liable. Specifically, the Commission notified the Court that it has been
informed of the “murder of 47 member(s) [of the community] within a nine-month
period.” Due to the seriousness of the situation, some of the facts that the
Commission detailed in its request of provisional measures are presented as follows:
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2.1
On December 29, 1997, at about fifteen hours, members of the 17
Brigade of the National Army detained Antonio Tuberquia, Blanca Libia
Guzmán, and Heriberto Usuga when, accompanied by other people, they were
going to pick cocoa. They were separated from their peers; were hit while
stepping on them; they put wet rags on their faces and accused them of
being guerillas.
2.2
On February 6, 1998, at about 10:20 hours, when traveling between
San José de Apartadó and La Unión trail, Joaquín Graciano, age 55, Jesús
Emilio Tuberquia, age 35, Arnulfo Tuburquia, age 14, and Ovidio Tuberquia,
age 16, were detained by members of the 17th Brigade of the National Army
and members of the Autodefensas Campesinas de Córdoba y Urabá
(hereinafter ACCU”) who undressed them and made them lie on the ground.