Order of the
Inter-American Court of Human Rights•
of February 6, 2008
Provisional Measures
With regard to Colombia
Matter of the Peace Community of San José de Apartadó
HAVING SEEN:
1.
The Orders of the Inter-American Court of Human Rights (hereinafter “the InterAmerican Court”, “the Court”, or “the Tribunal”) of November 24, 2000, June 18, 2002,
November 17, 2004, March 15, 2005, and February 2, 2006.
2.
The public hearings held at the headquarters of the Inter-American Court on
November 16, 2000, June 13, 2002, and March 14, 2005.
3.
The reports of the State of Colombia (hereinafter “the State” or “Colombia”) of
March 21st, April 11th, June 27th, and September 14, 2006, and February 14th, June 13th,
August 23rd, and November 8th, 2007, as well as the communication of November 26,
2007.
4.
The note of the members of the Peace Community of San José de Apartadó,
beneficiaries of the present provisional measures (hereinafter “the Peace Community”) of
April 17, 2002, through which they appointed a new representative. The observations of
the representative of the beneficiaries of the provisional measures (hereinafter “the
representative”) of May 4th, August 7th, and October 31st, 2006 and March 7th, April 3rd,
May 20th, July 17th, October 2nd, October 29th, and December 2nd, 2007; and January 14th
and February 1st, 2008.
5.
The observations of the Inter-American Commission of Human Rights (hereinafter
“the Commission” or “the Inter-American Commission”) of August 11, 2006 and January
7th, March 25th, April 25th, May 28th, and October 5th, 2007, and January 24, 2008.
6.
The Order issued by the President of the Inter-American Court on December 17,
2007, through which it decided to summon the Inter-American Commission, the
representative, and the State to a public hearing on February 4, 2008 in order to hear
the position of the parties summoned with regard to: a) the determination of updated
information regarding the number of people that make up the Peace Community and
their corresponding settlements; b) the grave facts reported by the representative; c)
the difficulties present in the implementation of the measures ordered in the present
case; and, d) the overcoming of the obstacles in the coordination.
7.
The public hearing held on February 4, 20081 at the headquarters of the InterAmerican Court, during which the Stated informed of the implementation of the present
• The Judge Manuel E. Ventura Robles informed the Court that due to reasons of force majeure he could not be
present in the deliberation and signing of the present Order.
1
Pursuant to Article 6(2) of the Rules of Procedure of the Tribunal, the Court held the hearing with a
commission of judges made up by: Cecilia Medina Quiroga, President; Judge Leonardo A. Franco and Judge
Margarette May Macaulay. The following were present at this hearing: a) for the Inter-American Commission: