10
son, Juan Manuel Ayala Montero, was a student in the city of
Bucaramanga. None reported fearing for their safety.
c. Luis José Pundor Quintero, also over the telephone, informed the
representatives that because of the threats he and his family had received
and the lack of any sort of investigation as to their origin, they had
decided to leave the country. The representatives furthermore indicated
that in May 2010, the family was residing illegally in another country, and
that they had expressed their wish to return to Colombia even though
they continued to fear for their lives.
30.
By virtue of the information presented by the representatives, the State
requested an abatement of the provisional measures with respect to these three
beneficiaries and their families.
The State argued that the beneficiaries’
unwillingness to entertain the security measures the State was offering
constituted a waiver of the same. Additionally, with respect to each of them, the
State considered that:
a. Salomón Flórez Contreras and his family were in a situation that had
returned to normal; therefore, they did not meet the basic requisites for
provisional measures.
b. Sandra Belinda Montero Fuentes and her family were no longer faced with
the situation of extreme gravity and urgency that prompted the measures
in the first place.
c. Given that Luis José Pundor Quintero and his family were located outside
of the country, there did not exist a real possibility of effectively
implementing a scheme of protection and security for them.
31.
The Commission noted the representatives’ remarks regarding Salomón
Flórez Contreras, Sandra Belinda Montero Fuentes, and their families, for which
“[the Commission] did not make any observations as to the State’s request for
abatement.” Regarding the beneficiary Luis José Pundor Quintero and his family,
the Commission observed that a lack of security had led to the international
displacement of the Pundor Quintero family, because of which it viewed the
State’s request for abatement as “improper.”
Nonetheless, because the
representatives presented no observations to the State’s repeated requests for
abatement of the provisional measures, the Commission “underst[ood] that it
[was the] [beneficiaries’] will not to continue with the security measures[,
because of which] it did not have any particular observations as to the State’s
request,” “absent information from the representatives to the contrary.”
32.
The Court calls to mind the fact that the practical effectiveness of
provisional measures depends, in large part, on the existence of a real possibility
that they eventually come to be implemented.11 Likewise, the Court finds it
prudent to reiterate that provisional measures are of an exceptional nature: they
are mandated as a way of providing much-needed protection, and once they
have been ordered they must remain in place for as long as the Court finds that
the basic requisites of extreme gravity, urgency, and the need to prevent
irreparable harm are present.12
11
Cf. Case of Caballero Delgado and Santana V. Colombia. Provisional Measures regarding
Colombia. Order of the Inter-American Court of Human Rights of July 4, 2006, Considering clause
thirteen; Case of Caballero Delgado and Santana V. Colombia. Provisional Measures regarding
Colombia. Order of the Inter-American Court of Human Rights of February 3, 2010, Considering clause
sixteen.
12
Case of the Constitutional Court V. Peru. Provisional Measures regarding Peru. Order of the
Inter-American Court of Human Rights of March 14, 2001, Considering clause three; Matter of Adrián
Meléndez Quijano et al. Provisional Measures regarding El Salvador. Order of the Inter-American Court