46.
Finally, the Court takes note of the information submitted by the State, as well as the
corresponding observations of the representatives and the Commission regarding the
investigations conducted in the context of these provisional measures. In this respect, the Court
considers it is appropriate to clarify that, due to the characteristics of these provisional
measures and the fact that they had been subjected to a process for a long time, the issue of
the investigations into the facts that gave rise to the provisional measures would imply for the
Tribunal to examine the merits of the case, which goes beyond the scope of these measures.
Thus, hereafter, in the context of the present provisional measures and as has been decided in
other matters and cases35 , the Court will not refer to the investigation of the facts or the way in
which the State is investigating, even though it had previously taken into account and analyzed
information related to the investigations. To this end, the Tribunal reiterates that it will no
longer request information from the parties about this aspect.
47.
However, the foregoing does not exonerate the State from its duty to investigate the
facts denounced supporting the context of these measures, pursuant to Article 1(1) of the
American Convention. As it has held in other cases36, the Court recalls that in conducting this
investigation, the State in question must make every effort to determine all the facts
surrounding the threat and how they were manifested; to determine whether there is a pattern
of threats against the beneficiary or the group or entity to which he or she belongs; to
determine the object or purpose of the threat; and to determine those responsible for the threat
and, if appropriate, punish them.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
In exercise of the authority conferred upon it by Article 63(2) of the American Convention on
Human Rights and Articles 27 and 31 of the Rules of Procedure,
DECIDES:
1.
To require the State of Colombia to maintain the measures that it has adopted and
adopt, without delay, the necessary measures to protect the right to life and personal integrity
of Wilmar Rodríguez Quintero, Yimmy Efraín Rodríguez Quintero, Nubia Saravia, Karen Dayana
Rodríguez Saravia, and Valeria Rodríguez Saravia, for which it must allow the beneficiaries to
participate in the planning and implementation of the measures, and, in general, to keep them
informed of any progress in their execution.
2.
To consider closed the procedure to monitor compliance with the obligation to guarantee
life, safety, and security of Carmen Rosa Barrera Sánchez, Lina Noralba Navarro Flórez, Luz
Marina Pérez Quintero, Miryam Mantilla Sánchez, Ana Murillo Delgado de Chaparro, Suney
Dinora Jáuregui Jaimes, Ofelia Sauza Suárez de Uribe, Rosalbina Suárez Bravo de Sauza,
Marina Lobo Pacheco, Manuel Ayala Mantilla, Jorge Corzo Viviescas, Alejandro Flórez Pérez, Luz
Marina Pinzón Reyes and their families, as established in operative paragraph eleven of the
35
See Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM. Provisional Measures
regarding Brazil. Order of the Court of July 3, 2007, Operative Paragraph 7; Matter of Giraldo Cardona et al. Provisional
Measures regarding Colombia. Order of February 22, 2011; Considering clause 41 and Matter of the Indigenous
Community of Kankuamo. Provisional Measures regarding Colombia. Order of the Court of November 21, 2011;
Considering clause 18.
36
See Matter of Liliana Ortega et al. Provisional Measures regarding Venezuela. Order of the Court of July 9,
2009; Considering clause 17 and Case of Caballero Delgado y Santana. Provisional Measures regarding Colombia.
Order of the Court of February 25, 2011, Considering clause 21.
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