6
expected to benefit other people of the same community that may be in the same
situation of vulnerability and risk.
8.
That, as it has been asserted by this Court, “it is the State’s responsibility to
adopt security measures to protect every people who are subject to its jurisdiction; this
duty becomes even more evident in relation to those who are involved in processes
before the supervising organs of the American Convention.”3
9.
That the purpose of the provisional measures, in the national juridical systems
(internal procedural law) in general, is to preserve the rights of the parties in dispute,
guaranteeing that the future merit decision is not harmed by their actions pendente lite.4
10.
That the purpose of the provisional measures, in the International Law of
Human Rights, goes beyond this, since, besides its essentially preventive nature, they
protect fundamental rights, as long as they seek to prevent irreparable harm to people.5
11.
That the Court has not heard the case referred to in the request of the
Commission as to matter, and therefore, adopting urgent measures does not imply a
decision on the matter of the dispute existing between the petitioners and the State.
Upon adopting urgent measures, this Presidency is only guaranteeing that the Court
shall be able to exercise accurately its conventional mandate.6
[...]
And where it decided:
1.
To request the State of Colombia to adopt, forthwith, as many measures as
may be necessary to protect the lives and personal integrity of Ricardo Quintero,
Filinardo Quintero, Senover Quintero, Albeiro Antonio Guzmán, Luz Fany Sepúlveda,
Cristian Camilo Guzmán, Jesus Montoya, Ernestina Tuberquia, Carlos Hernando
Tuberquia, Milorei Tuberquia, Herman Tuberquia, Edier Tuberquia, Ramon Zapata, Rosa
Ema Alvarez, Andrea Alvarez, Rosalba Zapata, Leidi Zapata, Joaquín Escobar, Yazmín
Guzmán, Yeison Guzmán, Nayivi Guzmán, Yadira Guzmán, Reynaldo Areiza, Rosmeri
Guzmán, Alba Quintero, Derlis Quintero, Jader David, Amparo David, Morelia Guzmán,
Elicer Guzmán, Rosa Ema Zapata, Pedro Luis Areiza, Fredy Areiza, Clara Areiza, Denis
Guzmán, Derli Guzmán, Arelis Guzmán, Yuber Guzmán, Rosa Tuberquia, Jesus Emilio
Tuberquia, Flora Danys Tuberquia, Arlenis Tuberquia, Alvaro Zapata, Rosalba Aguirre,
Deyanira Aguirre, Blanca Zapata, Wilmer Zapata, William Guzmán, Blanca Lidia Areiza,
Lubian Sepúlveda, Winer Guzmán, Yesica Guzmán, Arlevis Guzmán, Braian Guzmán,
Nely Guzmán, Yandy Guzmán, Adolfo Guzmán, Marielli Guzmán, Marely Guzmán, Mario
Durango, Marina Sánchez, Ferney Sánchez, Patricia Durango, Wilder Durango, Rosa
Quintero, Carlos Sánchez, Bladimir Sánchez, Didier Sánchez, Mirlenis Guzmán, Paola
Guzmán, Yaidis Guzmán, Hector Areiza, Liris Moreno, José Luis Borja, Maria Holguín,
Consuelo Guzmán, Alexander Guzmán, Carlos Guzmán, Araseli Guzmán, Leidi Guzmán,
Javier Sánchez, Blanca Nury Guzmán, Yei Carolina Sánchez, Leonel David, Amparo
Sánchez, Edwin David, Luz Denys David, Alexis David, María Sánchez, Esteban David,
Marlovi David, Juliana David, Yirlean David, Mauricio David, Antonio Guzmán, María
3
Cf. Case of Digna Ochoa y Plácido et al., Provisional Measures. Decision of the Inter-American
Court of Human Rights of November 17, 1999, seventh considering clause; Case of the Constitutional
Court, Provisional Measures. Decision of the President of the Inter-American Court of Human Rights of
April 7, 2000, ninth considering clause; and Case of the Constitutional Court, Provisional Measures.
Decision of the Inter-American Court of Human Rights of August 14, 2000, ninth considering clause.
4
Case of the Constitutional Court, Provisional Measures. Decision of the President of the InterAmerican Court of Human Rights of April 7, 2000, tenth considering clause.
5
Case of the Constitutional Court, Provisional Measures. Decision of the President of the InterAmerican Court of Human Rights of April 7, 2000, eleventh considering clause
6
Cf. Case of James et al., Provisional Measures. Decision of June 19, 1999. Series E No. 2; Case of
James et al., Provisional Measures. Decision of May 11, 1999. Series E No. 2; Case of James et al.,
Provisional Measures. Decision of July 22, 1998. Series E No. 2, Case of James et al., Provisional
Measures. Decision of July 13, 1998. Series E No .2; Case of James et al., Provisional Measures. Decision
of June 29, 1998. Series E No. 2; and Case of James et al., Provisional Measures. Decision of May 27,
1998. Series E No. 2.