c)
Orde[r] the State to protect the Camelias-El Tesoro Humanitarian Zone, and all of the families that it
comprises;
d)
Expand[d] the provisional measures to protect the life and humane treatment of the members of the
Caracolí, Caño Manso and Argenito Díaz-Llano Rico Humanitarian Areas, as well as of the following Biodiversity
Areas: “No hay como Dios” (Caño Manso); “Los Caracoles” (Caracolí); “Orlando Valencia” (Caracolí); “El Martirio”
(Llano Rico-Caño Claro) and “Lejano Oriente (Llano Rico-Caño Claro).”
9.
In addition to this, the Commission asked the Court to:
a)
“[i]mplement special protective measures based on the geographic location of said Humanitarian and
Biodiversity Areas, considering the collective nature of the measures that makes necessary the protection of a
group of persons that are located in areas where geographically the same levels of risk exist;
b)
[i]mplement additional measures for those persons who due to exposure to a high level of risk and
extraordinary threats require concrete and specific measures for their protection. In this regard, it asks the State
to implement or improve, as applicable, specific measures with regards to Ligia María Chaverra, Enrique Petro,
Manuel Denis Blandón, Uriel Tuberquia, Erasmo Sierra, Eustaqui Polo, Ladis Tuirán, Nohemí de Saya, Alfonso
Saya, Santander Nisperuza, Liria Rosa García, Raúl Salas and Miguel Hoyos;
c)
[e]stablish a mechanism for continuous supervision and permanent communication in the
aforementioned Humanitarian and Biodiversity Areas to provide protection for the families located in these areas,
and also to allow for the providing of updated information on the situation of its members, paying attention to the
dynamic nature of and constant change in social and family relations.
[…]”.
10.
As far as general justification of the request for expansion, and to provide some
background, the Inter-American Commission indicated that based on the orders issued by the
Court in the instant matter in 2003, 2004, 2005 and 2006 (supra Having Seen 1), “the Court has
knowledge of the continuous and grave acts of threats, harassment, stigmatization, arbitrary
detentions, forced disappearances, murders and murder attempts, torture and cruel treatment
against the members of the Communities of Jiguamiandó and Curvaradó.” The Commission also
pointed out that “the Court has found that the beneficiaries have been subjected to constant
intimidation ‘at the hands of armed civilian groups and businessmen growing African palm’ who
have illegal plantations on collective territories. The Court has also found that these groups’
control of the region is growing, obligating the inhabitants of those communities to live in a
‘special situation of displacement.’” The Commission likewise mentioned that the Court “is also
aware of campaigns to discredit the beneficiary families and of the opening of judicial
investigations and attempts to prosecute some of the beneficiaries of the measures, allegedly as
mechanism of intimidation in relation for the actions taken to claim the lands […].” Finally, the
Commission indicated that it had received information regarding “grave threats against wellknown leaders of these communities in the form of alleged plans to stage attempts on their lives.”
It stated that, as already reported to the Court, “all of these situations that put at risk the lives
and personal integrity of the beneficiaries have been met with ‘State tolerance and indifference.’”
11.
As recent information, the Commission indicated that “the situation of extreme gravity and
urgency of these members of the humanitarian and biodiversity zones has intensified with the
events of April 2011, when following an alleged combat event that lasted several minutes in an
area outside of the humanitarian zones, Brigade 17 completely withdrew from the Jiguamiandó
and Curvaradó area for approximately eight days, leaving the groups completely unprotected and
at the mercy of alleged paramilitary groups.” It also pointed out that it had been informed that
“at the same time that the Army left, dozens of alleged paramilitary members, dressed as
civilians and bearing rifles occupied some of the collective land areas and told the inhabitants that
it was not necessary to report their presence, since the authorities were already aware of it.”
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