10
criminal proceeding under regular criminal justice and on the administrative-law
proceedings initiated by next of kin of alleged victims; information on possible new
necropsies; names of the next of kin of alleged victims who had allegedly been
displaced and on whether they were or had been registered as such and/or whether
they had received any sort of aid or support from the State due to said situation; as
well as birth, marriage, and death certificates.
44.
On August 22, 2005 the representatives filed a brief in which they requested
that “adoption of Law 975 of 2005 […] by Colombia’s National Congress […] and its
signing by the President of the Republic” be considered a supervening fact in the
instant case, and that the Court rule on the matter in the Judgment. On August 23,
2005, under instructions by the President, the Secretariat granted a five day period
for the Inter-American Commission and the State to submit such comments as they
deemed pertinent in this regard.
45.
On August 22 and 24, 2005 the representatives and the State, respectively,
sent certain information and a series of documents, in response to the request for
evidence to facilitate adjudication (supra para. 43).
46.
On August 30, 2005 the Fédération Internationale des Ligues des Droits de
l’Homme submitted an amicus curiae.
47.
On September 2 and 7, 2005, after being granted an extension, the
Commission and the State, respectively, filed their comments on the representatives’
request regarding enactment of Law 975 of 2005 (supra para. 44).
V
PROVISIONAL MEASURES
48. On February 4, 2005 the representatives requested provisional measures to
protect the lives and the right to humane treatment of all the witnesses summoned
in the instant case, as well as their next of kin (supra para. 25).
49.
On February 4, 2005 the President issued an Order for urgent measures.2 On
March 2, 2005 the State submitted its first report. On June 17 and 24, 2005, after
several reminders, the representatives and the Commission, respectively, submitted
their comments on the first report by the State on the urgent measures ordered by
the President.
2
These included the State taking such steps as might be necessary, forthwith, to protect the lives
and right to humane treatment of the following individuals and their next of kin: Carmen Johana Jaramillo
Giraldo, Esther Pinzón López, Sara Paola Pinzón López, María Teresa Pinzón López, Yur Mary Herrera
Contreras, Zully Herrera Contreras, Maryuri Caicedo Contreras, Nadia Marina Valencia Sanmiguel, Yinda
Adriana Valencia Sanmiguel, Johana Marina Valencia Sanmiguel, Gustavo Caicedo Contreras, Rusbel
Asdrúbal Martínez Contreras, Roland Andrés Valencia Sanmiguel, Ronald Mayiber Valencia Sanmiguel, Luis
Guillermo Pérez, Nory Giraldo de Jaramillo, Marina San Miguel Duarte, Viviana Barrera Cruz, Luz Mery
Pinzón López, and Mariela Contreras Cruz. The State was also ordered to investigate the facts that gave
rise to said urgent measures, and to identify those responsible and punish them as appropriate. See Case
of the “Mapiripán Massacre”. Provisional Measures. February 4, 2005 Order of the President of the InterAmerican Court of Human Rights.
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