ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 21, 2011
PROVISIONAL MEASURES
REGARDING THE REPUBLIC OF COLOMBIA
MATTER OF THE INDIGENOUS COMMUNITY OF KANKUAMO
HAVING SEEN:
1.
The Orders of the Inter-American Court of Human Rights (hereinafter, the
"Court", "the Inter-American Court” or the “Tribunal”) of July 5, 2004; January 30, 2007
and April 3, 2009, issued in relation to this matter. By means of the last order, the
Tribunal ordered the Republic of Colombia (hereinafter, the “State” or “Colombia”):
1.
to maintain and adopt the measures necessary to continue protecting the life,
personal integrity and liberty of all the members of the communities that form part of the
Indigenous Community of Kankuamo [;]
2.
to continue informing the Inter-American Court of Human Rights on the investigation
into the facts that gave rise to these provisional measures[;]
3.
to continue guaranteeing the conditions of security necessary to respect the right to
freedom of movement of the people of the Kankuamo community, as well as of those who
have been forced to displace to other regions in order to return to their homes, if
they wish so[;]
4.
to continue allowing the participation of the beneficiaries in the planning and
implementation of the protective measures and to, in general, keep them informed on the
progress of the measures ordered by the Inter-American Court[;]
[…]
2.
The briefs of August 3, 2009; January 8 and 12 and October 6, 2010; January 17,
April 7, May 2 and October 19, 2011, by which the Republic of Colombia (hereinafter, the
“State”) presented information on the compliance with the provisional measures ordered
in this matter. In addition, the brief of July 18, 2011, by means of which the State
presented the information requested by the Court at the public hearing held in this
matter (infra Having Seen clause 5).
3.
The briefs of November 7, 2009; April 28, 2010 and July 25, 2011 1, by means of
which the representatives of the beneficiaries of the provisional measures (hereinafter,
1
By means of this brief, the representatives presented also the information requested by the Tribunal at
the public hearing held in this matter (infra Having Seen clause 5). However, said information was presented
after the non-renewable term granted by the Court to the parties, that is, after July 15, 2011, and once the
representatives received the briefs of the State of Colombia and the Inter-American Commission on Human
Rights in which they presented their opinions regarding the information required by the Court. Therefore, the
information presented by the representatives was not considered by the Tribunal in this Order.