5
10.
In the public hearing, the Inter-American Commission stated that it was of the
opinion that certain risk factors still persist; therefore, it requested that provisional
measures be maintained.
CONSIDERING:
1.
That Colombia is a State Party to the American Convention on Human Rights
(hereinafter, “the Convention”) since July 31, 1973, and that, under Article 62 thereof,
it accepted the contentious jurisdiction of the Court on June 21, 1985.
.
2.
That Article 63(2) of the American Convention provides that “[i]n cases of
extreme 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 consideration. With respect to a case not yet submitted to the
Court, it may act at the request of the Commission”.
3.
That Article 25(1) of the Rules of Procedure of the Court provides that “[a]t any
stage of the proceedings involving cases of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons, the Court may, at the request of a
party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.”
4.
That Article 1(1) of the Convention embodies the obligation of States Parties to
respect the rights and freedoms recognized therein and to ensure to all persons
subject to their jurisdiction the free and full exercise of those rights and freedoms.
5.
That under International Human Rights Law, provisional measures are not only
precautionary –as they preserve a legal situation-, but mainly protective in that they
safeguard human rights, insofar as they seek to prevent irreparable damage to
persons. The measures apply provided the key requirements of extreme gravity and
urgency, and irreparable harm to individuals are met. Thus, provisional measures
transform into a true jurisdictional guarantee of preventive nature.2
6.
That it is necessary that provisional measures remain in full force and effect
until the Court orders lifting such measures and notifies the State its decision to do
so.3
2
Cr. Matter of the Communities of Jiguamiandó and Curbaradó. Provisional Measures regarding
Colombia. Order of the Inter-American Court of Human Rights of March 15, 2005, Considering paragraph No.
4; Case of the 19 Tradesmen. Provisional Measures regarding Colombia. Order of the Inter-American Court
of Human Rights of March 15, 2005, Considering paragraph No. 6; and Matter of the Penitentiary Center of
the Central Occidental Region (Uribana Prison) with regard to Venezuela. Provisional measures regarding
Venezuela. Order of the Inter-American Court of Human Rights of February 02, 2007, Considering paragraph
No. 4.
3
Cf. Matter of Liliana Ortega et al. Provisional measures regarding Venezuela. Resolution of the
Inter-American Court of Human Rights of March 01, 2005, Considering paragraph No. 10; Matter of Yare I
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