16
have to be kept for as long as the basic requirements of extreme gravity and urgency16
persist. Therefore, the provisional measures refer to a temporal specific situation and,
because of their nature, they cannot be perpetuated indefinitely.
47.
In view of the above, the Court requests clear, concise, and detailed information
from the Inter-American Commission to confirm the condition of extreme gravity and
urgency, and the danger of irreparable damage that originated these provisional measures
even after 10 years of their validity, in order to determine if they should be kept.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
In the exercise of its powers conferred by Article 63(2) of the American Convention and
Article 27 of the Rules of Procedure,
RESOLVES:
1.
To reiterate to the State that it maintain the measures which have been adopted and
immediately provide those which are necessary to effectively protect the life and personal
integrity of all the members of the Peace Community of San José de Apartadó, in conformity
with Considering 22 and 24 of the present Order.
2.
To reiterate to the State and to the beneficiaries or their representative that they
should bring about all necessary efforts to achieve cooperation tending to give participation
to the beneficiaries of the measures or their representative in the planning and
implementation of the protective measures, and that, in general, the State keep them
informed of the advancement of the measures ordered by the Inter-American Court of
Human Rights, in conformity with Considering 36 of the present Order.
3.
To request that the Inter-American Commission and the representative of the
beneficiaries make clear to the Tribunal the universe of beneficiaries of the present
provisional measures, no later than October 15, 2010, in conformity with Considering 12 of
the present Order.
4.
To reiterate to the State that it must continue reporting to the Inter-American Court
of Human Rights every two months regarding the provisional measures adopted, and to
require the beneficiaries of these measures or their representative to present their
observations within a period of four weeks after the notification of the State’s reports; and
to require the Inter-American Commission on Human Rights to present their observations
on said reports within a period of six weeks after their reception.
5.
16
To notify the present Order to the State of Colombia, the Inter-American Commission
on Human Rights, and the representative of the beneficiaries.
Cf. Matter of Clemente Teherán et al. (Indigenous Community Zenú). Provisional Measures regarding
Colombia. Order of the Court of December 1, 2003, Considering third; Matter of Gallardo Rodriguez. Request for
Provisional Measures regarding Mexico. Order of the Court of July 11, 2007, Considering tenth, and Matter of
Alvarez et al. Provisional Measures regarding Colombia. Order of the Inter-American Court of Human Rights of
February 8, 2008, Considering thirteenth.