CONCURRING OPINION OF JUDGE A.A. CANÇADO TRINDADE 1. In voting in favor of the adoption of this new Order of the Inter-American Court of Human Rights granting Provisional Measures of Protection in the Matter of the Peace Community of San José de Apartadó, regarding Colombia, I feel obliged to include in this Separate Opinion, albeit briefly, my personal reflections on the facts of the cas d'espèce and of other recent cases that have led the Court to order Provisional Measures of Protection. Currently, over 11,500 people (including members of entire communities), residing in Latin American countries and the Caribbean, are under the protection of provisional measures ordered by this Court.1 The implementation of these measures has extended and they have assumed considerable importance in the last decade, thus becoming a true preventive judicial guarantee.2 And the Inter-American Court, more than any other contemporary international court, has significantly contributed to their development in both International Human Rights Law and contemporary Public International Law. 2. Therefore, it is a matter of great concern to me to see that a remarkable legal remedy, which has saved many lives and prevented other irreparable damage to persons -holders of the rights protected by the American Convention on Human Rights, begins to prove insufficient in certain extreme circumstances. I am deeply concerned that, in the last five years, as a direct result of the increasingly violent and dehumanized world in which we live, some individuals that were under the protection of provisional measures ordered by this Court have, however, been arbitrarily deprived of their lives. 3. This has taken place - paradoxically, pari passu with the extraordinary expansion of Provisional Measures of Protection under the American Convention - not only in this Matter of the Peace Community of San José de Apartadó regarding Colombia (2002-2006), but also in the Matter of Eloisa Barrios et al regarding Venezuela (2005), in the Matter of Urso Branco Prison regarding Brazil (2004-2006), in the Matter of the Mendoza Prisons regarding Argentina (2005-2006), in the Matter of the Communities of Jiguamiandó and Curbaradó regarding Colombia (2003-2006), in the Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM regarding Brazil (2005-2006), and in the Matter of James et al regarding Trinidad y . In the Matter of Pueblo indígena de Kankuamo regarding Colombia only there are approximately 6,000 beneficiaries of the measures; in the Matter of the Peace Community of San José de Apartadó regarding Colombia, the beneficiaries are over 1,200; in the Matter of the Communities of Jiguamiandó and Curbaradó regarding Colombia, the beneficiaries are over 2,000; in the Matter of Urso Branco Prison regarding Brazil, almost 900 inmates benefit from the measures; in the Matter of Pueblo indígena de Sarayaku regarding Ecuador, there are approximately 1,200 beneficiaries; among several others. 1 . A.A. Cançado Trindade, "Les Mesures provisoires de protection dans la jurisprudence de la Cour Interaméricaine des Droits de l'Homme", in Mesures conservatoires et droits fondamentaux (publ. G. Cohen Jonathan and J.-F. Flauss), Bruxelles, Bruylant/Nemesis, 2005, pp. 145-163; A.A. Cançado Trindade, "Les Mesures provisoires de protection dans la jurisprudence de la Cour Interaméricaine des Droits de l'Homme", 4 Revista do Instituto Brasileiro de Direitos Humanos (2003) pp. 13-25; A.A. Cançado Trindade, "The Evolution of Provisional Measures of Protection under the Case-Law of the Inter-American Court of Human Rights (1987-2002)", 24 Human Rights Law Journal - Strasbourg/Kehl (2003), n. 5-8, pp. 162-168. 2

Seleccionar párrafo de destino3