8
Tribunal reiterates that it is necessary that the State immediately issue effective
preventive measures in order to avoid new facts such as the ones mentioned by the
representative (supra Considering Clause number 12). In this sense, the Court insists on
the preventive and mainly protective nature for the defense of the rights to life and
humane treatment in the present matter. Likewise, the Tribunal reminds the State of its
obligation to diligently investigate and in its case, prosecute and punish all those
responsible for the facts referred to by the representative, as an effective measure of
prevention of acts of this nature.
*
*
*
20.
That the State acknowledged that no progress has been made regarding meetings
to agree on the implementation of the provisional measures and it stated that this is due
“to the negative of the applicants to assist to the same,” thus reiterating its disposition to
reach an agreement with the beneficiaries of the present measures. During the public
hearing celebrated (supra Having Seen paragraph 7) it indicated that “informally, some
efforts [have been made] to overcome these difficulties to reach an agreement with the
presence of the Ombudsman [and] of the office of the High Commissioner of the United
Nations for Human Rights in Colombia [and that], among others, [they have] made
informal efforts that have, up to now, resulted unsuccessful in reestablishing the dialogue
between the beneficiaries[,] the applicants, and the State’s institutions.”
21.
That the representative stated that the members of the Peace Community do not
accept going back to negotiation tables with the State “with assumptions of bad faith.” In
the public hearing held (supra Having Seen paragraph 7), the representative reiterated
that the lack of trust in the State’s authorities and its actions is the main reason for
which the negotiation channels have not been reestablished, and it indicated that the
basic principle to coordinate the negotiation mechanism must be actions of good faith by
all those who participate in said process.
22.
That the Commission recalled that “the beneficiaries and their representatives
have expressed concern over the role of the members of the National Police Force in the
area, vis a vis the armed groups that operate on the fringe of the law, and they have
presented a series of complaints regarding the responsibility for actions, omissions, or
acts of harassment. As long as the task of the people linked to the National Police Force
continues to be identified with the threats and acts of violence that justified the issuing of
the provisional measures and the continuation of their validity, the obstacles that prevent
the materialization of mechanisms of continuous supervision of the beneficiaries will
persist, despite the actions carried out by the National Police Force of the area.”
23.
That the Constitutional Court of Colombia, when evaluating the situation of the
provisional measures ordered in favor of the members of the Peace Community,
indicated in its judgment T – 1025 of December 3, 2007 (supra Considering Clause
number 19) that:
30. “As has been indicated, one of the greatest difficulties faced by all process related to the
Peace Community of San José de Apartadó is that of the reciprocal lack of trust that exists
between the Community and the institutions. Therefore, it has not been possible to comply