-44 CONSIDERING: 1. That Colombia has been a State Party to the American Convention since July 31, 1973 and that it recognized the jurisdiction of the Court on June 21, 1985. 2. That Article 63(2) of the American Convention provides that, in cases of "extreme gravity and urgency, and when necessary to avoid irreparable damage to persons", the Court, may, at the request of the Commission, take such provisional measures as it deems pertinent in matters not yet submitted to it. 3. That under Article 25(1) of the Rules of Procedure: [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 whatever provisional measures it deems appropriate, pursuant to Article 63 (2) of the Convention. 4. That Article 1(1) of the Convention signals the duty incumbent upon the States Parties to respect the rights and freedoms recognized in that treaty and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms. 5. That the information submitted in this case effectively constitutes a prima facie case of urgent and grave danger to the lives and physical safety of the twentytwo persons mentioned in the Commission's request. In those circumstances, the urgent measures adopted by the President conform to the law and to the proceedings in this matter and are therefore confirmed by the Court. 6. That the Inter-American Commission has on two occasions (June 18, 1996 and January 7, 1998) adopted protective measures that have not produced the required effects. On the contrary, the recent events (Having seens 2, 3 and 6) suggest that the members of the Zenú indigenous community are in a situation of grave risk. Consequently, exceptional circumstances do exist that call for the adoption of provisional measures in order to avoid irreparable damage to them. 7. That it is the responsibility of the State to adopt security measures for all citizens, a commitment for which special pains must be taken when it concerns persons involved in hearings before organs of the Inter-American system for the protection of human rights, the aim of which is to determine whether or not the human rights enshrined in the American Convention have been violated. 8. That, likewise, Colombia has the obligation to investigate the acts that gave rise to this request for provisional measures in order to identify those responsible and punish them accordingly. NOW, THEREFORE: THE INTER-AMERICAN COURT OF HUMAN RIGHTS, in exercise of the powers conferred to it by Article 63(2) of the American Convention on Human Rights and Article 25 of its Rules of Procedure.

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