7
The representative said that he did not dispute the right of these families to request the
necessary measures of protection, but he was acting based on the specific voluntary
acceptance of the 161 families that are beneficiaries of the provisional measures.
27.
That the State informed the Court that it had received various requests from
people who say they represent these families asking that their representation be
accredited. In this regard, it asked the Court to indicate the names of the beneficiaries of
the provisional measures in order to proceed to implement these measures appropriately.
In this regard, in a communication of December 6, 2007, the Court asked the InterAmerican Commission and the representative to submit their observations on the State’s
request concerning the individualization and identification of the beneficiaries and their
representatives, as well as the petition for “self-determination,” by January 2 and 16,
2008, at the latest, respectively. On the date this Order is issued, the time granted for
presenting these observations has not yet expired.
28.
That, in matters such as this, the Court has ordered the protection of a plurality of
people who have not been named previously, but who can be identified and determined
and who are in a situation of grave danger because they belong to a group or
community.1 In view of the request for “self-representation” submitted by the 32 and
177 families (supra sixth having seen paragraph), the President considers it extremely
necessary that the parties provide clarification to the Court in order to determine and
identify the plurality of people who make up the families that are the beneficiaries of
these provisional measures, together with those who represent the families that have
asked to be represented.
*
29.
*
*
That Article 25(7) of the Court’s Rules of Procedure establishes that:
The Court, or its President if the Court is not sitting, may convoke the parties to a public
hearing on provisional measures.
30.
That, regarding hearings, Article 14(1) of the Rules of Procedure stipulates that:
Hearings shall be public and shall be held at the seat of the Court. When exceptional
circumstances so warrant, the Court may decide to hold a hearing in private or at a different
location. The Court shall decide who may attend such hearings. Even in these cases,
however, minutes shall be kept in the manner prescribed in Article 43 of these Rules.
31.
That, based on the foregoing, the President, in consultation with the judges,
considers it necessary and opportune to convoke a public hearing to listen to the
allegations of the Commission, the representatives, and the State about, inter alia: (a)
the measures adopted to protect the lives and safety of all the members of the
communities composed of the Community Council of the Jiguamiandó and the families of
the Curbaradó; (b) the measures adopted to ensure that the persons benefiting from
these measures may continue living in their place of residence, free from any kind of
coercion or threat; (c) the special protection to the so-called “humanitarian refuge
1
Cf., inter alia, Matter of the Peace Community of San José de Apartadó regarding Colombia. Provisional
measures with regard to Colombia. Order of the Inter-American Court of Human Rights of November 24, 2000,
seventh considering paragraph; Matter of Children Deprived of Liberty in “Complexo do Tatuapé” of FEBEM
regarding Brazil, Provisional measures. Order of the Inter-American Court of Human Rights of November 30,
2005, sixth considering paragraph; and Matter of the Jiguamiandó and the Curbaradó Communities. Provisional
measures with regard to Colombia. Order of the Inter-American Court of Human Rights of February 7, 2006,
eighth considering paragraph.
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