16
*
*
*
9.
Based on the information provided by the parties, particularly in the public hearing
(supra Having Seen 7 to 10), it is apparent that the provisional measures ordered by this
Tribunal (supra Having Seen 1) are producing some of the desired effects with regard to the
protection of the life and the personal integrity of the members of the Kankuamo
Indigenous Community (supra Having Seen 7(a)(i), 8(a)(i), and 9(a)(ii).
10.
The Court appreciates, welcomes, and recognizes the efforts made by the State and
by the beneficiaries and their representatives, individually and jointly, with regard to the
effective implementation of the measures ordered by this Tribunal. Specifically, the
Tribunal recognizes that in 2006, not a single beneficiary died as a result of the
circumstances that prompted the adoption of the present provisional measures (supra
Having Seen 9(a)(ii). Likewise, the State’s presence in the region of the Sierra Nevada de
Santa Marta has favored the protection of the beneficiaries as well as a substantial
improvement in the region’s infrastructure (supra Having Seen 2(a)(i), 3(c)(vi), 8(a)(vi)
and 9(a)(iv). In the same way, the Court considers as a positive step the presence of the
Public Defender in the Sierra Nevada through two “Community Defenders” [Defensores
Comunitarios] (supra Having Seen 2(a)(i) and 4(a)(iv). The State has likewise provided the
beneficiaries with transportation and communication devices as a measure of protection for
them (supra Having Seen 2(a)(ii) and 4(a)(ii). At the same time, the Tribunal recognizes
the efforts undertaken by the State in order to attend the beneficiaries’ health and food
necessities (supra Having Seen 2(a)(iii), 4(a)(v), and 8(a)(vi). Moreover, some of the
displaced families have received support through the Social Solidarity Network of Cesar
[Red de Solidaridad Social del Cesar] (supra Having Seen 2(c)(i). Lastly, the creation of
working groups and the meetings held between national and local state institutions, and the
beneficiaries, have resulted in positive advances aimed at the effective implementation of
some of the measures ordered (supra Having Seen 2(d)(i), 2(d)(ii), 2(d)(iii), 2(d)(iv),
3(d)(i), 4(d)(i), 7(d)(ii), 8(d)(i) and 9(d).
11.
During the public hearing held on January 26, 2007, at the seat of the Court, the
State requested the lifting of the provisional measures. In this regard, the Court finds that,
despite the aforementioned significant progress in the effective implementation of the
measures ordered (supra Considering 10), 20 members of the Kankuamo indigenous
community have been allegedly assassinated since the date on which the measures were
ordered, 50 members have allegedly been arbitrarily detained, and four cases of forced
disappearance have been reported, as well as several threats against leaders of the
Community (supra Having Seen 4(a)(iii), 7(a)(i), 8(a)(1), 8(a)(iii), and 8(c)(ii). Likewise,
according to the State’s own admission, impunity still exists with regard to the events which
prompted the adoption of the present provisional measures, especially with regard to the
alleged violations of the right to life, personal integrity, and personal liberty (supra Having
Seen 7(b)(i), 8(b)(i), 8(b)(ii), 8(b)(iv) and 9(b)(iii). Finally, the Court is concerned that
only ten percent of the 400 families displaced from the territory have returned to their
homes and that the rest remain in a situation of displacement (supra Having Seen
7(c)(i)and 8(c)(iv).
12.
In virtue of the above considerations, and in order to evaluate the State’s petition in
more detail, this Court finds it appropriate to reiterate to the State that it must continue to
enforce and inform on the provisional measures for protections being implemented tending
to protect the life, personal integrity, personal liberty and right to freedom of movement of
the beneficiaries, as well as the effects produced by such measures, including, especially,
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