8
gravity and urgency and the prevention of irreparable damage to persons are met,
provisional measures of protection become a real jurisdictional guarantee of a
preventive nature.3
7.
That, in paragraph 280 of the judgment on merits, reparations, and costs in
the case of the 19 Tradesmen delivered on July 5, 2004, the Court decided that the
State should pay particular attention to ensuring the life, integrity and safety of
those who gave testimony before the Court and their next of kin, and provide them
with the necessary protection against any person, taking into account the
circumstances of this case, and because most of the victims’ next of kin who gave
testimony before the Court and before notary public expressed their fear of reprisals.
8.
That, in Orders of September 3, 2004, and July 4, 2006, the Court required
Colombia to adopt the necessary measures to protect the rights to life and personal
integrity of Sandra Belinda Montero Fuentes and next of kin, Salomón Flórez and
next of kin, Luis José Pundor Quintero and next of kin, and Ana Diva Quintero
Quintero de Pundor and next of kin.
9.
That the background information provided by the representatives in their
request for expansion of measures (supra ninth, tenth and eleventh having seen
paragraphs) reveals prima facie a situation of urgent and grave danger for the life
and personal integrity of Wilmar Rodríguez Quintero and Yimmy Efraín Rodríguez
Quintero, brothers of Gerson Javier Rodríguez Quintero, victim in the case of the 19
Tradesmen. Wilmar Rodríguez Quintero testified before the Inter-American Court
during the public hearing in the case of the 19 Tradesmen, held on April 21 and 22,
2004.
10.
That, in response to the request made in the third operative paragraph of the
Order of the President of February 6, 2007 (supra twelfth having seen paragraph),
the representatives provided the names of the next of kin of Wilmar Rodríguez
Quintero and Yimmy Rodríguez Quintero who need protection (supra fourteenth
having seen paragraph). This information was forwarded to Colombia.
11.
That, in response to the request made in the fourth operative paragraph of
the Order of the President of February 6, 2007 (supra twelfth having seen
paragraph), on February 23, 2007 (supra fifteenth having seen paragraph), the
representatives indicated that the State had provided “support” to transfer the
Rodríguez Quintero brothers to another town, “as an urgent measure of protection.”
On May 7, 2007 (supra sixteenth having seen paragraph), the State reported on the
measures taken towards adopting measures of protection and also on the
investigations that had been initiated into the facts that gave rise to the measures.
In addition, the State did not contest the representatives’ indication that the next of
kin of the beneficiaries, Wilmar Rodríguez Quintero and Yimmy Rodríguez Quintero,
needed protection. However, it indicated that “the petitioners have undertaken to
forward the list of beneficiaries to the Ministry of Foreign Affairs, specifying those
3
Cf. Matter of the Penitentiary Center of the Central Occidental Region (Uribana Prison).
Provisional measures. Order of the Inter-American Court of Human Rights of February 2, 2007, fourth
considering paragraph; Matter of the Pueblo indígena de Kankuamo. Provisional measures. Order of the
Inter-American Court of Human Rights of January 30, 2007, fifth considering paragraph; and Matter of the
Yare I and Yare II Capital Region Penitentiary Center. Provisional measures. Order of the Inter-American
Court of Human Rights of March 30, 2006, fifth considering paragraph.