-7certain compensatory amounts to Messrs. Salomón Flórez-Contreras and Luis José
Pundor-Quintero and Ana Diva Quintero-Quintero de Pundor.
13.
That, upon examination of the facts and circumstances that were the basis for
the Order of the President dated April 28, 2005, extending the scope of the
measures to three beneficiaries and their families (supra Having Seen clause No. 6),
and the averments of the representatives (supra Having Seen clauses No. 3 and 4),
the Court finds it appropriate to ratify the President’s decision on the grounds that
the information submitted does reveal, prima facie, that Messrs. Salomón FlórezContreras and Luis José Pundor-Quintero and Ana Diva Quintero-Quintero de Pundor,
as well as their respective families, are in a situation of extreme gravity and urgency
as their lives and personal integrity have been threatened and are at serious risk.
The application of the prima facie standard in a given case and the use of
presumptions on account of the need to secure protection have led the President and
the Court to order measures on several occasions in the past.6
14.
That, since the State has failed to submit the report required under operative
paragraph number six of the aforementioned Order of the President extending the
scope of the measures, and the representatives have also failed to submit the
information requested under operative paragraph number three thereof (supra
Having Seen clauses No. 6, 8 and 9), the Court does not have any information
regarding the measures that Colombia may have adopted to comply with the
President’s Order, nor does it have up-to-date information on the current situation of
the beneficiaries.
15.
That, given the legal nature of urgent measures and provisional measures,
which are aimed at preventing irreparable damage to persons in situations of
extreme gravity and urgency, the Court would like to insist on the particular
importance of the information provided by the State, as well as the information that
the Commission and the beneficiaries’ representatives may submit on the subject. In
this regard, as the President was forced to insist on the need for the State and the
beneficiaries’ representatives to submit the required information regarding both the
scope extension and the provisional measures ordered for the benefit of Sandra
Belinda Montero and her family (supra Having Seen clauses No. 8 and 9), the Court
finds it necessary to note that such information is essential to find out about the
current situation of the beneficiaries and, as the case may be, to assess the
implementation of measures by the State.
16.
That under Article 63(2) of the Convention, the adoption of such provisional
measures as may be ordered by this Tribunal is mandatory for the State, since the
fundamental principle of the law on international responsibility of the State, as
supported by international case law, mandates that States should comply with their
contractual obligations in good faith (pacta sunt servanda).
THEREFORE:
6
Cf. Matter of Yare I and Yare II Capital Region Penitentiary Center (Yare Prison). Provisional
Measures. Order of the Inter-American Court of Human rights of March 30, 2006, Considering clause No.
20; Matter of Monagas Judicial Confinement Center (“La Pica”). Urgent Measures. Order of the President
of the Inter-American Court of Human Rights of January 13, 2006, Considering clause No. 16; and Matter
of Children Deprived of Liberty in the “Complexo do Tatuapé” of FEBEM. Provisional Measures. Order of
the Inter-American Court of Human Rights of November 30, 2005, Considering clause No. 22.