African palm who have plantations in the collective territories of the communities, and the growing control exercised by these groups in the region. D.3. Observations of the State 24. The State indicated that, within the framework of compliance with its general obligations, it was implementing all the actions available to it to ensure the rights of the communities of Jiguamiandó and of Curvaradó in relation to their collective territory. In particular, as regards “the withdrawal of the military personnel from the area” and the presumed abandonment in which this situation left the beneficiaries of these measures, it recalled that these “arrangements change, always remaining near to and around the communities.” Regarding the presumed surveillance of Enrique Petro, the State indicated that the “National Army is near his home, providing the perimeter protection required and agreed upon.” In relation to the alleged “presence of paramilitary groups in the area ‘protected by the security forces,’” the State reiterated its commitment to “eradicate all the illegal groups that are committing acts of violence, including the emerging bands that are involved in drug-trafficking.” In this regard, it referred to the operations of the Army and of the National Police aimed at “guaranteeing the physical safety of the communities and territories of the Jiguamiandó and the Curvaradó river basins.” Lastly, regarding the alleged abuses by business people and illegal occupants who refuse to restitute land, the State indicated that the Prosecutor General’s Office was conducting several investigations into the crimes of threats, land usurpation, and conspiracy to commit crime related to the inhabitants of the areas of the Jiguamiandó and of the Curvaradó. In particular, it stressed that the Quibdó Sectional Prosecution Directorate “had filed 26 cases before the courts based on criminal conduct perpetrated against members of the communities beneficiaries of these provisional measures”. D.4. Considerations of the Inter-American Court 25. The Court observes that the State has not contested the facts presented by the representatives and, in this regard, referred to the measures it has adopted to respond to the said situations. Consequently, the Court reiterates that Article 1(1) of the Convention establishes the general obligations of 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, under any circumstances. The State is especially obliged to ensure the rights of the members of the humanitarian zones of Nueva Esperanza, Pueblo Nuevo, Caño Claro and El Tesoro, and of the five biodiversity zones known as Erasmo Sierra, Enrique Petro, Familia Tuberquia, Ligia María Chaverra and Efrén Romaña. E. Request to lift the provisional measures 26. As already mentioned in this Order (supra having seen paragraph 4), on several occasions the State has requested the lifting of the provisional measures ordered in this matter. Colombia has argued that the obligation to guarantee human rights signifies that the State, in exercise of its sovereign domestic powers, is the first authority that must draw on all its institutions to protect the rights of the persons subject to its jurisdiction. Therefore, it indicated that the protection ensured by the inter-American system for the protection of human rights is of a reinforcing and complementary nature, pursuant to the Preamble to the American Convention on Human Rights. The State indicated that, from the procedural perspective of the principle of subsidiarity, “the jurisdictional intervention that justifies [the] special mechanism of protection [represented by the provisional measures], is subject to either a lack of action by the State concerned in cases of extreme gravity and 11

Seleccionar párrafo de destino3