2
taken and that the Inter-American Commission on Human Rights submit its comments
on those reports within 45 days of receiving them.
7.
To present this Order for the consideration of the Court at its next session for
the pertinent effects and so that it can convene the parties, if it so deems, to a public
hearing at the seat of the Court, so that the Tribunal may hear their views on the facts
and circumstances that gave rise to the request for provisional measures and to this
Order.
3.
The first report of Colombia, submitted on August 7, 1997, in which it expressed its
view on the Urgent Measures adopted by the President in the instant case and reported in
detail on the measures which, in its opinion, it had duly taken in response to the InterAmerican Commission's requests of September 20, 1994, and February 25, 1997, for
precautionary measures to be adopted. At the end of the report, the State described some
measures implemented to comply with the decisions of the President in his Order of July 22,
1997.
4.
The brief from the Inter-American Commission of August 12, 1997, in which it
requested that the Urgent Measures adopted by the President be expanded to include Mr.
Javier Álvarez, a member of ASFADDES, General Coordinator of the “Casa de Niños”
Children's Center and brother of Mr. José Daniel Álvarez Ruiz, General Coordinator of the
Association. According to the Commission, Mr. Javier Álvarez had received a number of
threats which revealed the existence of “a situation of extreme gravity and urgency,
requiring the adoption of provisional measures.” Specifically, in June 1997, he was warned
to be careful since he greatly resembled the President of ASFADDES and on August 2, 1997,
three men on scooters asked his neighbors where he was and remained watching his home.
Those persons left a threatening letter at his house addressed to “Mr. Javier Álvarez
(President [sic] ASFADDES)” in which, in brief, they informed him that he was under
surveillance and that he was given 24 hours to leave, with “[his] group”, from the area
where he lived. The Commission attached a copy of the letter to its request.
CONSIDERING:
1.
That Article 63(2) of the Convention establishes that the Court may, in cases “of
extreme gravity and urgency, and when necessary to avoid irreparable damage to persons”,
take the provisional measures it considers pertinent in matters not yet submitted before it.
Also, in the terms of Article 25(4) of the Rules of Procedure:
[if] the Court is not sitting, the President, in consultation with the Permanent Commission, and if
possible with the other judges, shall call upon the government concerned to adopt such urgent
measures as may be necessary to ensure the effectiveness of any provisional measures
subsequently ordered by the Court at its next session.
2.
That according to the order of July 22, 1997, Colombia is obligated to adopt all of the
measures necessary to ensure the physical and moral integrity of a group of seventeen
persons related with the Association, to periodically inform on these measures and to also
adopt measures to ensure that all of the offices of the Association can perform their duties
without danger to the life or personal integrity of those who work there.
3.
That, although it is true that Mr. Javier Álvarez is not a functionary of ASFADDES,
and it is also certain that the threat letter that he received identifies him as the President of
the Association, and that in June of 1997 he received a message “which stated that he had
better be careful since he greatly resembled the President (SIC) of ASFADDES and that it
would be better if he left [the city of] Montería because there could be a confusion.”; this
information permits this Presidency to gather, in regards to Mr. Javier Álvarez, that there