11.
With regard to this request for provisional measures, the Court observes that it has been
presented by the organization that represents the presumed victims in a contentious case that it
is hearing, but only for 14 of them (supra footnote 3). Consequently, and notwithstanding the
fact that these persons are members of communities that face similar risks, the Court will now
consider the said request in the terms in which it was submitted; to this end, it finds it pertinent
to take into account the more general security situation of the displaced communities of the
Cacarica area.
12.
In their request, the representatives referred to different incidents involving both
paramilitary groups – and other illegal organized armed groups – and also State agents, who,
according to their allegations, on numerous occasions have threatened, harassed and
intimidated the inhabitants of CAVIDA, acts that have jeopardized their life and integrity; while
members of the security forces have repeatedly entered the humanitarian zones terrorizing the
population. They also reiterated that the State authorities are aware of these facts and that the
measures designed to avoid their repetition have been insufficient, “because they do not involve
a real and effective structural change that permits an effective response to be provided to the
danger that the peoples of the Cacarica area may be in.” In addition, they recalled that all these
incidents had taken place while armed operations – confrontations between the military forces
and the FARC – were underway, and these have become more frequent.
13.
For its part, the State acknowledged the presence of armed groups near the
humanitarian zones. Although, in its first report, the State indicated that, at that time, “it was
only aware of the presence of the 57th Front of the FARC” in that area (supra having seen
paragraph 12), in its second report it indicated that other illegal armed groups or “criminal
bands” were also present that could affect or endanger the population (supra having seen
paragraph 19). In addition, the Army’s 17th Brigade and the Navy were stationed in the area,
and were carrying out patrols and intelligence operations against the FARC in the territory, while
confrontations were taking place between the guerrilla and the 17th Brigade.
14.
The Inter-American Commission has granted preventive measures in favor of the
members of CAVIDA since December 1997, specifying that the situation of risk has continued
over time and that the State had denied the existence of paramilitary groups in the area,
creating a situation of defenselessness for the members of CAVIDA and, thus, failing to comply
with its obligation to protect. In addition, the Commission has referred to acts of violence and
direct threats that have increased as the contentious case before the Inter-American Court
progresses.
15.
The Court observes that the incidents described by the representatives and the
Commission are taking place in a region that is particularly affected by violence and
displacement in the context of the armed conflict, and in which it is alleged that several illegal
armed groups have a certain presence and control of the territory and the rivers in areas
through which members of the black communities travel, and in reserves of the indigenous
peoples.
16.
In this regard, the Early Warning System (“EWS”) of the Colombian Ombudsman’s Office,
in particular the Delegate Ombudsman for the Prevention of Risks of Violations of Human Rights
and International Humanitarian Law, in a “follow-up note” of November 30, 2012, on the “risk
report” issued in December 2011, acknowledged the presence of paramilitary groups in the
Cacarica River basin and near the Atrato, between the municipalities of Riosucio and Turbo,
controlling cargo and passengers travelling on the rivers and, consequently, restricting the
mobility of the communities. 29 In this area, their actions have severely affected the communities
29
The Ombudsman’s Office added that “[t]he Urabeños have stationed individuals linked to this structure, called
“point persons” in several strategic areas of the Bajo Atrato.” Also, near the Atrato, between the municipalities of
Riosucio and Turbo, presumed members of the Urabeños control the transport of cargo and passengers. The report
15