2
[if] the Court is not sitting, the President, in consultation with the Permanent
Commission and, if possible, with the other judges, shall call upon the government
concerned to adopt such urgent measures as may be necessary to ensure the
effectiveness of any provisional measures subsequently ordered by the Court at its next
session.
4.
That Article 1(1) of the Convention sets forth the obligation of the States
Parties to respect the rights and freedoms recognized therein and to ensure their
free and full exercise to all persons subject to their jurisdiction.
5.
That the events presented by the Commission in its petition demonstrate,
prima facie, a situation of urgent and grave danger to the life and physical integrity
of the 22 mentioned persons.
6.
That the fact that the Inter-American Commission had requested
precautionary measures on two different occasions (June 18, 1996 and January 7,
1998), and they have not produced the required effects, as well as the events that
recently occurred, result in the presumption that the security of the members of the
indigenous Zenú community is at grave risk. The above reasons make it necessary
to call upon the State to adopt urgent measures.
7.
That it is the responsibility of the State to adopt security measures for every
person in its territory; an obligation that is amplified when related to those involved
in proceedings before the organs of the inter-American system for the protection of
human rights attempting to determine whether or not there has been a violation of
the human rights contemplated in the American Convention.
8.
That at the same time, Colombia has the obligation to investigate the events
that motivated this request for provisional measures, to identify those responsible for
those events, and to impose the pertinent punishment.
NOW THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in consultation with the Court, and in conformity with Articles 63(2) of the American
Convention on Human Rights and 25(4) of its Rules of Procedure,
DECIDES:
1.
To call upon the State of Colombia to adopt forthwith, the measures
necessary to protect the life, the physical, psychological and moral integrity of
Rosember Clemente Teheran, Armando Mercado, Nilson Zurita Mendoza o Nilson
Zurita Suárez, Edilberto Gaspar Rosario, Dorancel Ortiz, Leovigildo Castillo, Santiago
Méndez o Santiago Mendoza, Zoila Riondo, Saul Lucas, José Guillermo Carmona o
José Guillermo Cardona, Celedonio Padilla, Eudo Mejía Montalvo, Marcelino Suárez
Lazaro, Fabio Antonio Guevara, José Luis Mendoza, Misael Suárez Estrada, Ingilberto
M. Pérez, Martín Florez, Jacinto Ortíz Quintero, Juan Antonio Almanza Pacheco, José
Carpio Beltran and Luis Felipe Alvarez Polo, in order to avoid irreparable damage, all
in strict compliance with the obligation to respect and guarantee the human rights
set forth in Article 1(1) of the American Convention on Human Rights.