11
33.
In this regard, the Court observes that the beneficiaries Salomón Flórez
Contreras and Sandra Belinda Montero Fuentes expressly rejected the possibility
of taking part in the State’s risk assessment study that was to help determine
the most appropriate measures for their protection (supra Considering clause
29). Thus, the Court notes the beneficiaries’ remarks indicating that neither
their lives nor their physical integrity are in danger at the present time.
Additionally, the Tribunal notes that neither the representatives nor the
Commission have put forth arguments supporting the continuation of provisional
measures in favor of the beneficiaries.
34.
Consequently, the Tribunal deems that the initial elements justifying the
adoption of provisional measures in favor of Salomón Flórez Contreras, Sandra
Belinda Montero Fuentes, and their respective families, no longer apply. For this
reason, the Tribunal thinks it wise to proceed with their abatement.
35.
Regarding the beneficiary Luis José Pundor Quintero, the Court observes
that his current geographic location is outside the State of Colombia. Concurrent
with this observation, the Court notes the representatives’ affirmations that the
beneficiary wishes to return to Colombia and that he left to become an illegal
alien in another country only because of the risks he would have continued to
face had he stayed in Colombia (supra Considering clause 29(c)). Nonetheless,
the Court points out that the representatives failed to offer sufficient, precise,
and detailed information on this issue, nor did they make arguments relevant to
the possible persistence of a situation of extreme gravity and urgency affecting
the beneficiary and his family.
36.
The Tribunal calls to mind that, in principle, when a beneficiary of
provisional measures leaves the State that was supposed to protect him in order
to reside in another state, the provisional measures he once enjoyed are
rendered null.13 However, the Court notes that it has received information
attesting to Mr. Luis José Pundor Quintero’s desire to return to Colombia. Thus,
the Tribunal sees it as necessary that the representatives or Mr. Luis José Pundor
Quintero himself provide information as to the genuine likelihood and disposition
of the beneficiary and his family to return to Colombia and receive state
protection. As a result, during the time that Mr. Luis José Pundor Quintero and
his family continue to reside away from Colombia, and until they affirm their
wish to return to Colombia, the precise dates in which they plan to do so, and
their wish to receive state protection, the provisional measures in their favor will
remain inchoate. Thus, the Court requests that the representatives submit to
the Court complete and detailed information relating to the beneficiaries’ possible
return to Colombia before the deadline stipulated in Operative Paragraph seven
of the present Order.
of Human Rights of February 2, 2010, Considering clause thirteen; and, Case of García Prieto et al.
Provisional Measures regarding El Salvador, supra note 1, Considering clause nine.
13
Cf. Matter of Lysias Fleury. Provisional Measures regarding Haiti. Order of the InterAmerican Court of Human Rights of November 25, 2008, Considering clause eighteen; Case of the 19
Tradesmen v. Colombia. Monitoring Compliance with Judgment and Provisional Measures regarding
Colombia, supra note 3, Considering clause eighty-one.