ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF APRIL 16, 1997
PROVISIONAL MEASURES ADOPTED BY THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF COLOMBIA
CABALLERO DELGADO AND SANTANA CASE
HAVING SEEN:
1.
The Order of the Inter-American Court of Human Rights (hereinafter "the Court" or
"the Tribunal") of December 7, 1994, in which it decided
[t]o transmit to the Government of Colombia the request of the [Inter-American] Commission [on
Human Rights] that it forthwith take such measures as are necessary to protect the right to life
and physical integrity of GONZALO ARIAS-ALTURO, JAVIER PAEZ, GUILLERMO GUERREROZAMBRANO, ELIDA GONZALEZ-VERGEL and MARIA NODELIA PARRA.
2.
The Judgment delivered by the Court on January 29, 1997, on reparations in this
case, in which it unanimously decided "[t]o supervise compliance with [said] judgment and
that only after verification of such compliance shall the case be [considered] closed."
3.
The Order of the Court of January 31, 1997, in which it decided "[t]o lift the
provisional measures adopted ... through its order of December 7, 1994."
4.
The communication presented by the representatives of the victims in this case on
February 6, 1997, in which they requested the Court
to review the decision adopted through the order of January 31, 1997, with a view to maintaining
the provisional measures on behalf of María Nodelia Parra and the other witnesses referred to in
the order of November 7, 1994, at least until such time as the case is opened in the Court.
5.
The brief presented by the State of Colombia (hereinafter "the State") on March 12,
1997, whereby it proposed that the Tribunal
consider the possibility of reviewing the content of the order [of January 31, 1997], and instead, to
order the continuation of the measures ordered, as long as the risk situation continues, bearing in
mind that the internal proceedings are currently being carried out by the investigating authorities
[...] The Government of Colombia will inform the Honorable Court when it considers that the
situation no longer warrants maintenance of the measures requested, but until then, it trusts that
these will be maintained, inasmuch as it is a question of protecting the life and physical integrity of
those persons who have given evidence in the proceedings now under way and at those conducted
by the Honorable Inter-American Court of Human Rights.
6.
The brief presented by the Inter-American Commission on Human Rights (hereinafter
"the Commission") on March 19, 1997, whereby it expressed its support of the State's
proposal to the Court
bearing in mind the danger that it could imply for the persons who were protected by the
provisional measures, the fact that the domestic proceedings and investigations are still in
progress, as ordered by the Court ...