4 2. That Article 63(2) of the Convention provides that: [i]n cases of extremity gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has under its consideration. With respect to a case not yet submitted to the Court, it may act at the request of the Commission. 3. That the October 28, 1996 Order of the President was adopted pursuant to law and in accordance with the merits of the events and circumstances that justified the adoption of urgent measures and that this Court ratifies in all its terms. 4. That the Commission asks this Tribunal to maintain the provisional measures in the present case, due to the “continuing existence of a situation of extreme gravity and urgency”. 5. That the Court considers it pertinent to point out that the State has the duty, in accordance with the Order of the President of October 28, 1996, to order such measures as may be necessary “to ensure that the indicated persons can continue living in their habitual residence and to return to their homes, providing them the assurance that they will not be persecuted or threatened by agents of the Government or by civilians”. 6. That similarly, the Government of Colombia has the obligation to investigate the events that motivated this request for provisional measures in order to identify those responsible and to impose the corresponding sanction, particularly in regards to the murder of Josué Giraldo Cardona. 7. That contradictions exist between the reports of the Government and the Commission in regards to the nature of the provisional measures and the effects they may produce and that the parties have requested the Court to hold a hearing to discuss the implementation of the same, which this Tribunal considers opportune. NOW, THEREFORE: THE INTER-AMERICAN COURT OF HUMAN RIGHTS, in exercise of the powers conferred on it by Article 63(2) of the American Convention on Human Rights and Article 25 of its Rules of Procedure, DECIDE: 1. To ratify the Order of the President of October 28, 1996. 2. To call upon the State of the Republic of Colombia: a. That it maintain the provisional measures on behalf of Sister Noemy Palencia, Islena Rey Rodríguez, Gonzalo Zárate, Mariela de Giraldo and her two young daughters, Sara and Natalia Giraldo. b. That, as an essential element of the duty to protect, it take effective measures to investigate, and in its case, to punish those responsible for the events. 3. To call upon the Government of the Republic of Colombia to report every two months on the provisional measures it has taken.