16
by the Commission that originate the adoption of urgent measures in this case by
the President, and stated in a positive way, its disposition for the implementation of
the measures.
6.
That, likewise, it has taken into consideration the arguments of the InterAmerican Commission submitted in said hearing, where it was stated that many
members of the Community of Paz de San José de Apartadó did not want to be
identified because of their fear for reprisals, as well as their observations in writing
presented on November 22, 2000.
7.
While it is true that, on other occasions, the Court has considered
indispensable to individualize the people who are in danger of suffering irreparable
harm in order to provide them with protective measures7, this case has special
characteristics that make it different from the background considered by the Court.
Indeed, the Community of Paz de San José de Apartadó, formed according to the
Commission by about 1200 people, constitutes an organized community, locate in a
determined geographic place, whose members can be identified and individualized
and who, due to the fact of belonging to said community, all its members are in a
situation of similar risk of suffering acts of aggression against their personal integrity
and lives. Therefore, this Court considers that it is convenient to issue provisional
protective measures in favor of the people already protected by the urgent measures
ordered by Decision of the President of October 9, 2000, and for the reasons
presented in the public hearing held on November 16, 2000, to expand them so that
they cover all of the members of the aforementioned Community.
8.
Since the situation that the Community of Paz de San José de Apartadó is
going through has forced its dwellers to move to other areas of the country, it is
necessary that the States guarantees that the people benefited with these measures
may continue to live in the usual place of residence8 and provide the conditions
necessary for the people of said Community, who had to move, to come back to their
homes.
9.
That Article 1(1) of the Convention stipulated the duty of the States Parties to
respect the rights and freedoms recognized therein and to guarantee its free and full
exercise of everybody that is subject to its jurisdiction. The States is obligated to
adopt the security measures necessary for the protection of the rights and freedoms
of all of the inhabitants that are under its jurisdiction; consequently, in this case, it
must do for all of the members of the Community of Paz de San José de Apartadó.
10.
That, as it has been asserted by this Court, it is the State’s duty to adopt the
security measures to protect all of the people that are under its jurisdiction becomes
7
Cf.. Case of Haitians and Dominicans of Haitian Origin in the Dominican Republic, Provisional
Measures. Decision of August 18, 2000, eighth considering clause; and Case of Haitians and Dominicans of
Haitian Origin in the Dominican Republic, Provisional Measures. Decision of the President of the InterAmerican Court of Human Rights of September 14, 2000.
8
Cf.. Case of Giraldo Cardona, Provisional Measures. Decision of the Inter-American Court of
Human Rights of February 5, 1997, fifth considering clause; Case of Giraldo Cardona, Provisional
Measures. Decision of the President of the Inter-American Court of Human Rights of October 28, 1996;
second operative paragraph; and Case of Colotenango, Provisional Measures. Decision of the InterAmerican Court of Human Rights of June 22, 1994, second operative paragraph.