10
[Revolutionary Armed Forces of Colombia].” To this, the DAS director responded that
such would only be possible by judicial order. Mr. Pérez then joined a civil suit
against DAS officials for the “so-called ‘wiretapping scandal.’” Thus, on April 10 and
12, 2010, the National Prosecution Unit, Supreme Court Division, requested that the
DAS certify “whether intelligence information exists” on several people, among them
Luís Guillermo Pérez. On May 13, 2010, the Director of the DAS responded by
indicating that the Analysis and Counterintelligence branches, as well as the external
counterintelligence group all had information on Mr. Pérez.
Finally, the
representatives reported that “[a]ll the State authorities have been notified of Mr.
Luís Guillermo Pérez’s return” and that some of them, such as the “Human Rights
Division of the Ministry of Justice and the Interior[,]” have declared their willingness
to adopt the provisional measures necessary such that [he] may return to the
country.”
23. The Commission found that “because the beneficiary Luís Guillermo Pérez is
allegedly about to return to [Colombian] national territory where he has been the
target of harassment, [...] it is not appropriate to consider rescission of the
provisional measures in his favor.”
24. In other matters, the Court has found that a beneficiary’s exit from
territory of the State that was obligated to protect him or her implies that
provisional measures have been rendered moot.5 In this case, the State has
provided any information as to the measures taken for the beneficiary’s benefit,
did it refer to his departure from Colombia until recently.
the
the
not
nor
25. The Court notes the representatives’ reporting on Mr. Pérez’s return to
Colombian territory, yet they have not substantiated how his return places him in a
situation of extreme gravity and urgency. Furthermore, the information submitted
on Mr. Pérez is not clearly related to the grounds for the present measures, that is,
his participation as a witness and attorney in civil proceedings regarding the
Mapiripán massacre. The Tribunal thus finds it necessary that the representatives
and the Commission explain and substantiate the relationship between Mr. Pérez’s
return to Colombia and any risks he could face there.
*
*
*
26. In order for the Court to order provisional measures, Article 63(2) of the
Convention requires that three conditions be present: i) “extreme gravity”; ii)
“urgency”; and iii) the need to “avoid irreparable damages.” Similarly, these three
conditions must be present in order for the Court to maintain any mandated
protection in place. If one of them has ceased to be applicable, it falls to the
Tribunal to assess the relevance of continuing with the mandated protection; this is
to be done without prejudice to any future order of measures in the case of all three
conditions again coming together at a later date. In addition, when ordering
provisional measures, the standard for assessing the required elements is prima
5
Cf. Matter of Lysias Fleury. Provisional Measures regarding Haiti. Order of the Inter-American
Court of Human Rights of November 25, 2008, Considering clause eighteen; Case of 19 Tradesmen.
Monitoring Compliance with Judgment and Provisional Measures regarding Colombia. Order of the InterAmerican Court of Human Rights of July 8, 2009, Considering clause eighty-one; and Matter of Wong Ho
Wing. Provisional Measures regarding Peru. Order of the Inter-American Court of Human Rights of May 28,
2010, Considering clause twenty-two.