4
Community and that maintained by the families of affected persons, in relation to whether
or not they belong to said Community.
8.
In this regard, as stated in the Order of February 6, 2008 (supra Having Seen 1),
the representative reported that the Peace Community is composed of a group of “136
families (approximately 816 persons),” who “adopt all of the principles of the Peace
Community” and participate in decision-making and communal work. The representative
indicated that these families are settled in the following veredas (small rural settlements),
located in the municipality of San José de Apartadó: San Josesito (46 families), La Antena
(6 families), La Cristalina (5 families), Arenas Altas (16 families), La Unión (52 families),
Mulatos (5 families that will return in February 2008), and La Esperanza (6 families).
However, the representative also indicated “that another group has been added,” made up
of families that live in “humanitarian zones” composed of approximately 144 families
(approximately 864 persons) distributed over eight veredas: la Resbalosa (8 families), La
Hoz (14 families), Rodoxalí (22 families), Sabaleta (39 families), Las Flores (21 families),
El Venado (16 families) and Arenas Bajas (5 families), all located in the municipality of San
José de Apartadó. In accordance with that stated by the representative, this group “has
identified with the principles of the Peace Community although without assuming all of the
commitments of participating in communal work and decision-making.” The representative
also indicated that the Peace Community “did not consider it prudent, but rather
exceedingly risky, to submit the names of persons who are integrated with the Peace
Community and the names of ‘humanitarian zones’ that have been joining.”
9.
As was pointed out in the previously mentioned Order of February 6, 2008, the
Court takes note that at the moment of ordering the present provisional measures, it
valued that the Peace Community of San José de Apartadó was composed of
approximately 1,200 persons, constituting thus “an organized community, located in a
determined geographic location, whose members can be identified and individualized,” as
was recognized by the Inter-American Commission almost ten years ago.6 In said Order,
the Tribunal noted that “the collective definition of the beneficiaries of these provisional
measures depends on their belonging to the Peace Community, their geographic location in
the municipality of San José de Apartadó, and the situation of grave danger that confronts
the members as a result of their belonging to said community.” However, it remains
unclear to the Court the status of the approximately 144 families distributed throughout
eight veredas which were noted by the representative, who according to the report “have
identified with the principles of the Peace Community, although without assuming all of the
commitments of participation in communal work and decision-making.” Due to the
ambiguity regarding this matter, the Court requests that the representative and the InterAmerican Commission clarify this situation, “taking into account that which had been
assessed by the Tribunal at the time of adopting these provisional measures.” However,
almost two years later, the Tribunal has not received information that explains the
situation of the 144 families in question.
10.
In situations such as the present,7 the Court has ordered the protection of a
plurality of persons that have not been previously named, but who are identifiable and
6
Cf. Case of the Peace Community of San José de Apartadó, Provisional Measures regarding Colombia.
Order of the Inter-American Court of Human Rights of November 24, 2000, Considering seventh.
7
Cf., inter alia, Matter of the Peace Community of San José de Apartadó, supra note 7, Considering
seventh; Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM, Provisional Measures
regarding Brazi, Order of the Inter-American Court of Human Rights of November 30, 2005, Considering sixth; and
Matter of The Communities of Jiguamiandó and Curbaradó, Provisional Measures regarding Colombia, Order of the
Inter-American Court of Human Rights of February 7, 2006, Considering eighth.