7
accordance with the provisions of the American Convention, read in light of
international humanitarian law.5
12.
In this regard, the Court has held that:
[t]he right to life is a fundamental human right, and the exercise of this right is essential
for the exercise of all other human rights. If it is not respected, all rights lack meaning.
Owing to the fundamental nature of the right to life, restrictive approaches to it are
inadmissible. In essence, the fundamental right to life includes not only the right of
every human being not to be deprived of his life arbitrarily, but also the right that he will
not be prevented from having access to the conditions that guarantee a dignified
existence. States have the obligation to guarantee the creation of the conditions
required in order that violations of this basic right do not occur and, in particular, the
6
duty to prevent its agents from violating it.
13.
The case to which the Commission’s request refers is not now pending with
the Court for a decision on the merits; therefore, adoption of provisional measures
does not imply a decision on the merits of the dispute between the petitioners and
the State.7 In adopting provisional measures, the Court is merely ensuring that it is
able to faithfully discharge its mandate under the Convention for cases of extreme
gravity and urgency that require measures of protection to avoid irreparable harm to
persons.
NOW, THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authorities under Article 63(2) of the American Convention on
Human Rights and Article 25 of its own Rules of Procedure,
DECIDES:
1.
To call upon the State to adopt, forthwith, the measures necessary to protect
the life and the integrity of the person of all members of the communities that
comprise the Kankuamo indigenous people.
2.
To call upon the State to investigate the facts that necessitated the adoption
of these provisional measures in order to identify those responsible and impose the
appropriate punishments.
3.
To call upon the State to ensure the security conditions necessary to ensure
respect for the Kankuamo indigenous people‘s right to freedom of movement, and to
5
Cf. Matter of The Communities of Jiguamiandó and Curbaradó. Provisional Measures. Order of the
Inter-American Court of Human Rights of March 6, 2003, ‘Considering’ eleven; and Matter of the Peace
Community of San José de Apartadó. Provisional Measures. Order of the Inter-American Court of Human
Rights of June 18, 2002, ‘Considering’ eleven.
6
Cf. Case of Myrna Mack-Chang. Judgment of November 25, 2003. Series C No. 101, par. 152;
Case of Juan Humberto Sánchez. Judgment of June 7, 2003. Series C No. 99, par. 110; and Case of the
“Street Children” (Villagrán-Morales et al.). Judgment of November 19, 1999. Series C No. 63, par. 144.
7
Cf., inter alia, Matter of Lysias Fleury. Provisional Measures. Order of the Inter-American Court of
Human Rights of December 2, 2003, ‘Considering’ octavo; Matter of Lysias Fleury. Provisional Measures.
Order of the Inter-American Court of Human Rights of June 7, 2003, ‘Considering’ ten; and Matter of The
Communities of Jiguamiandó and Curbaradó. Provisional Measures. Order of the Inter-American Court of
Human Rights of March 6, 2003, ‘Considering’ twelve.
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