3
3.
To request the State of Colombia to forward to the Inter-American Court of
Human Rights, by no later than August 14, 1998, a report on the measures taken to
comply with this order; to request the Inter-American Commission on Human Rights to
present its observations on that report within one week of the date of notification.
4.
To submit the present order to the Court at its XLI regular session for the
pertinent purposes.
11.
The ten-day extension that the President granted to the State to present the
urgent report it was to have presented by August 14, 1998, and the entries in the
register of the Secretariat of the Court showing that the urgent report in question
has thus far not been received.
12.
The Commission’s observations on the State’s report of July 24, 1998 (see
preamble paragraph 8), submitted on August 24, 1998, wherein it petitioned the
Court to maintain the provisional measures in the instant case for another six
months and to ratify the August 6, 1998 Order of the President.
CONSIDERING THAT:
1.
Colombia is a State Party to the American Convention, Article 1(1) of which
stipulates the obligation incumbent upon all States Parties to respect the rights and
freedoms recognized therein and to ensure to all persons subject to their jurisdiction
the free and full exercise of those rights and freedoms, and on June 21, 1985, the
State recognized the binding jurisdiction of the Court, pursuant to Article 62 of the
Convention.
2.
Article 63(2) of the American Convention on Human Rights provides that "[i]n
cases of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons, the Court shall adopt such provisional measures as it deems
pertinent in matters it has under consideration."
3.
New threats have been made against members of ASFADDES which, in the
judgment of this Court, constitute the premise indicated in the preceding paragraph,
which is grounds for keeping in place the provisional measures adopted on behalf of
José Daniel Álvarez, Nidia Linores-Ascanio, Gladys López, Yanette Bautista, María
Helena Saldarriaga, Piedad Martín, María Eugenia López, Adriana Diosa, Astrid
Manrique, Faride Ascanio, Carmen Barrera, Evidalia Chacón, José Publio Bautista,
Nelly María Ascanio, Ayda Mile Ascanio, Miriam Rosas Ascanio and Javier Álvarez.
4.
The Court has examined the circumstances and events that formed the basis
of the August 6, 1998 Order of the President, which this Court confirms, finding it to
be consistent with the law and the merits of the case.
5.
Colombia has a duty to investigate the facts that prompted the request for
expansion of the provisional measures to include Mr. Daniel Prado and his family, to
ascertain the identity of those responsible and impose the punishments that the law
requires.
6.
The beneficiaries of the provisional measures adopted by the Court in the
instant case have the obligation to cooperate with the State so that the latter might
more effectively adopt the necessary security measures.