6
7.
That the facts presented by the Commission in this case reveal prima facie a
threat to the lives and safety of the members of the communities comprising the
Community Council of the Jiguamiandó and the families of the Curbaradó.
The
standard for prima facie evaluation of a case and the application of presumptions
faced with the need for protection have led the Court to order provisional measures
on several occasions1.
8.
That the Inter-American Commission has adopted precautionary measures
that have not produced the required effects2 and, to the contrary, recent events
suggest that the members of the Communities are at grave risk.
9.
That, even though, on other occasions, the Court has considered it essential
to specify the persons who run the risk of suffering irreparable damage in order to
grant measures of protection3, it has subsequently ordered the protection of a
number of persons who had not been named previously, but who could be identified
and verified and who were in a situation of grave danger because they belonged to a
community4.
In this case, as indicated by the Commission, it is evident that the
communities comprising the Community Council of the Jiguamiandó and the families
of the Curbaradó, made up of approximately 2,125 persons, forming 515 families,
constitute an organized community, situated in a specific geographical location in the
municipality of Carmen del Darién, Department of Chocó, whose members can be
identified and specified and who, because they form part of the said community, are
all in a situation of equal risk of suffering acts of aggression against their safety and
lives, as well as being forcibly displaced from their territory, a situation that prevents
them from exploiting the natural resources necessary for their subsistence.
Accordingly, this Court considers that it is appropriate to order provisional measures
of protection for the members of the communities composed of the Community
Council of the Jiguamiandó and the families of the Curbaradó that encompass all the
members of the said communities.
1
Cf., inter alia, The Urso Branco Prison case. Provisional measures. Order of the Court of June 18,
2002, fourth considering clause; the case of the Peace Community of San José de Apartadó. Provisional
measures. Order of the Court of November 24, 2000. Series E No. 3, fourth considering clause; the case
of the Peace Community of San José de Apartadó. Provisional measures. Order of the President of the
Inter-American Court of Human Rights of October 9, 2000. Series E No. 3, fourth considering clause; the
case of Haitians and Dominicans of Haitian Origin in the Dominican Republic. Provisional measures. Order
of the Inter-American Court of Human Rights of August 18, 2000. Series E No. 3, fifth and ninth
considering clauses; Digna Ochoa and Plácido et al. case. Provisional measures. Order of the InterAmerican Court of Human Rights of November 17, 1999. Series E No. 2, fifth considering clause;
Clemente Teherán et al. case. Provisional measures. Order of the Inter-American Court of Human Rights
of June 19, 1998. Series E No. 2, fifth considering clause; and Colotenango case. Provisional measures.
Order of the Inter-American Court of Human Rights of June 22, 1994. Series E No. 1, fifth considering
clause.
2
Cf. Clemente Teherán case. Provisional measures. Order of the Inter-American Court of Human
Rights of June 19, 1998. Series E No. 2, sixth considering clause; and Vogt case. Provisional measures.
Order of the President of the Inter-American Court of Human Rights of April 12, 1996. Series E No. 1.
3
Cf. The case of Haitians and Dominicans of Haitian Origin in the Dominican Republic, Provisional
measures. Order of August 18, 2000. Series E No. 3, eighth considering clause; and the case of Haitians
and Dominicans of Haitian Origin in the Dominican Republic, Provisional measures. Order of the President
of the Inter-American Court of Human Rights of September 14, 2000. Series E No. 3.
4
Cf. The case of the Peace Community of San José de Apartadó. Provisional measures. Order of
the Inter-American Court of Human Rights of June 18, 2002; Case of the Peace Community of San José
de Apartadó. Provisional measures. Order of the Inter-American Court of Human Rights of November 24,
2000. Series E No 3. Cf. also, the Mayagna (Sumo) Awas Tingni Community case. Judgment of August
31, 2001. Series C No. 79.
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