-6-
7.
That, in particular and as previously held by the Court, it is the State’s
responsibility to adopt security measures to protect all persons subject to its
jurisdiction,4 which duty becomes even more obvious in connection with those who
are involved in proceedings carried out before the bodies supervising compliance
with the American Convention.5
8.
That in paragraph 280 of the Judgment on the merits, reparations and costs
of July 5, 2004, the Court ruled that the State is to specifically guarantee the life,
safety and security of those who testified before the Tribunal and their families,
providing them with the necessary protection from any person, taking into
consideration the circumstances surrounding the instant case and the fact that most
of the victims’ next of kin who testified before the Tribunal and a notary public
expressed their fear of retaliation.
9.
That, on September 3, 2004, the Tribunal issued an Order ruling on the
request for provisional measures submitted by the Inter-American Commission in the
Case of 19 Tradesmen. Through such Order, the Court ratified the July 30, 2004
Order of the President of the Court and called upon Colombia to:
a)
b)
keep the necessary measures in place to protect the rights to life and humane
treatment of Sandra Belinda Montero-Fuentes and her son Juan Manuel AyalaMontero; and
immediately adopt such measures as may be required in order to protect the
rights to life and humane treatment of María Paola Casanova-Montero, the 7year old daughter of Sandra Belinda Montero-Fuentes.
10.
That on April 21, 2004, during his testimony before the Court at the public
hearing on the merits and possible reparations and costs in this case, witness
Salomón Flórez-Contreras, the brother of victim Antonio Flórez-Contreras, expressed
his fears over testifying before the Tribunal.
11.
That Mr. Luis José Pundor-Quintero and Ana Diva Quintero-Quintero de
Pundor are, respectively, the brother and mother of victim Israel Pundor-Quintero.
12.
That through the Judgment of July 5, 2004, when ordering reparations for the
proven violations, the Court ruled, inter alia, that the State was required to pay
American Court of Human Rights of February 7, 2006, Considering clause No. 5; and Matter of the Peace
Community of San José de Apartadó. Order of the Inter-American Court of Human Rights of February 2,
2006, Considering clause No. 5.
Cf. Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures. Order of the
Inter-American Court of Human Rights of February 9, 2006, Considering clause No. 9; Matter of Haitians
and Dominicans of Haitian Origin in the Dominican Republic. Provisional Measures. Order of the InterAmerican Court of Human Rights of February 2, 2006, Considering clause No. 7; and Matter of the Peace
Community of San José de Apartadó. Provisional Measures. Order of the Inter-American Court of Human
Rights of February 2, 2006, Considering clause No. 6.
4
5
Cf. Matter of the Communities of Jiguamiandó and Curbaradó. Provisional Measures. Order of the
Inter-American Court of Human Rights of February 7, 2006, Considering clause No. 4; Matter of the Peace
Community of San José de Apartadó. Provisional Measures. Order of the Inter-American Court of Human
Rights of February 2, 2006, Considering clause No. 4; and Matter of Urso Branco Prison. Provisional
Measures. Order of the Inter-American Court of Human Rights of September 21, 2005, Considering clause
No. 5.