beneficiary of these provisional measures, was killed in her house". In general terms, the Commission pointed out that “from the information received throughout the enforcement of these provisional measures, […] within the area of Sierra de Santa Marta, there is still presence of armed groups that places the Kankuamo Indigenous People in a situation of extreme gravity and urgency. It does not necessarily represent hundreds of deaths, like in 2004, but it is translated into several deaths over the last years and multiple threats […]”. The Commission also referred to the death of the minor in the city of Valledupar (supra Considering clause 12). In general terms, the Commission indicated that “the risk factors that gave rise to these provisional measures still persist”; that even though the number of deaths had decreased, they "have not ceased" and that the lack of "widespread threats towards most of the beneficiaries" must not imply that the situation of risk has disappeared. Finally, it expressed that the State has not “effectively implemented the mechanisms to allow, as ordered by the Inter-American Court and the Colombian Constitutional Court, the return of the displaced members” and therefore, the foregoing, “coupled with the lack of an investigation and the fact that the Kankuamo People is at risk of disappearance as a community due to the continuing violence against it, keeps the members of said People in a situation of extreme gravity and urgency”. 15. The Court notes that these provisional measures were ordered at the request of the Inter-American Commission by means of an Order of July 5, 2004 (supra Having Seen clause 1), that is, seven years ago. Throughout this period, the Tribunal has been informed, on different occasions, of the occurrence of facts against the life and personal integrity of the members of the Kankuamo Indigenous Community, especially, threats and murders, as it spring from the Orders of the Tribunal of January 30, 2007 and April 3, 2009 (supra Having Seen clause 1). However, during approximately the last two years, the information brought to the Court’s attention by the Inter-American Commission and the representatives has not been enough. From the information provided to the Tribunal, it spring that, according to most recent statements, the InterAmerican Commission as well as the representatives acknowledged that, even though the “violent” situation against members of the Kankuamo Indigenous Community continues, said situation has improved and the number of murders has decreased. In this respect, mainly the representatives, after almost 14 months without reporting to the Tribunal, made reference to some facts that took place between April and July 2011, allegedly against members of the Kankuamo Indigenous Community. However, they did not explain the way in which said facts are directly related to the purpose of these provisional measures. Moreover, in very general terms, the Commission as well as the representatives had sustained that the threats and acts of harassment continue, without providing further information as to the manner, time and place in order to allow the Court to adequately assess the situation. In particular, the main argument put forward by the Commission and the representatives to sustain the continuance of the provisional measures is based on that the risk factors that gave rise to such measures still exist. Moreover, the Tribunal notes that the State has broadly referred to different measures adopted by different State’s instances. These measures consist in actions in which the Ministry of Interior and Justice, the army and national police, as well as the municipal authorities and even the authorities of the Kankuamo Indigenous Community, among others, participate. 16. Furthermore, even though it seems that there are still some acts taking place against different members of the Kankuamo Indigenous Community, said situation is not equivalent to the situation described in the year 2004 by the Inter-American Commission upon requesting these provisional measures. According to the Tribunal, the complete eradication of the alleged violence against the Kankuamo Indigenous Community, though desirable, exceeds the object of the purpose of a provisional measure. In addition, the Court considers that the mere existence of “risk factors”, by itself, does not necessary 8

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