3
*
*
*
4.
In relation to this matter, in November 1995, the Inter-American Commission
adopted precautionary measures in favor of the members of the Comité Cívico por
los Derechos Humanos of Meta [Human Rights Civic Committee], taking into account
that since the year 1992 the members of said Committee “have been subjected to
threats, harassment and persecution, and that since that year there have been six
executions, three disappearances and two persons have been forced to be internally
displaced and seek asylum in the exterior.”4 In October 1996, Josué Giraldo Cardona,
President of the Human Rights Civic Committee of Meta, was murdered. For that
reason, the Commission requested provisional measures, which are currently
maintained in the form previously explained (supra Having Seen clause 1). According
to information presented by the Commission, “in a communication of August 22,
2007”, “the status of case 11.690 Giraldo Cardona is in the admissibility and merits
stage”, a situation that continues up to the present. The representatives indicated
that the processing of the petition began in 1996 and that it was requested to join
this case in “the processing of case N° 11.227 of Unión Patriótica.”
5.
That based on the foregoing, within the framework of provisional measures,
the Court cannot consider the merits of any arguments pertaining to issues other
than those which relate strictly to the extreme gravity and urgency and the necessity
to avoid irreparable damage to persons. In order to decide whether to maintain the
provisional measures in force, the Tribunal should analyze whether the situation of
extreme gravity and urgency that led to their adoption persists,5 or whether new
circumstances, also extremely grave and urgent, warrant keeping them in force. All
other issues may be brought to the Court’s attention solely through the procedure for
contentious cases.6
1.
On the persistence of the situation of extreme gravity and urgency to
avoid irreparable damage
1.1.
On the situation of the beneficiary Islena Rey
6.
The State informed that on October 17, 2009, Mrs. Rey was injured in an
incident that occurred while she was returning from an activity organized by the
Human Rights Civic Committee of Meta. The State “condemn[ed] this fact as it did it
at that time.” It further alleged that “the information the security and criminal
4
Matter of Giraldo Cardona et al. Provisional Measures regarding the Republic of Colombia. Order
of the President of the Inter-American Court of Human Rights of October 28, 1996, Having Seen clause 7.
5
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the
Inter-American Court of Human Rights of August 20, 1998; considering clause six; Matter of Urso Branco
Prison. Provisional Measures regarding Brazil. Order of the Inter-American Court of Human Rights of
November 25, 2009; considering clause four; Matter of Monagas Judicial Confinement Center (“La Pica”);
Yare I and Yare II Capital Region Penitentiary Center; Penitentiary Center of the Central Occidental Region
(Uribana Prison) and El Rodeo I and El rodeo II Capital Judicial Confinement Center, supra note 3,
considering clause five.
6
See Matter of James et al., supra note 5, considering clause 6; Matter of Urso Blanco Prison,
supra note 5, considering clause four and Matters of Monagas Judicial Confinement Center (“La Pica”);
Yare I and Yare II Capital Region Penitentiary Center (Yare Prison); Penitentiary Center of the Central
Occidental Region (Uribana Prison) and El Rodeo I and El Rodeo II Capital Judicial Confinement Center;
supra note 5, considering clause five.