determine whether their situation of risk persists, before requesting the lifting of the
measures.
30.
In particular, in relation to the situation of Luis Guillermo Perez, the Court
observes that the State is providing him with protection under the precautionary
measures ordered by the Inter-American Commission in favor of the members of the
Colectivo de Abogados Jose Alvear Restrepo. Even though a high-ranking Army officer
who has been sentenced for the facts of the Mapiripán massacre alluded directly to Mr.
Perez, which could indicate a current risk,16 it appears that this was related to his work
in the above-mentioned organization whose members are beneficiaries of
precautionary measures. Hence, it is not appropriate to maintain these provisional
measures in his favor, without prejudice to what the Commission considers pertinent in
this regard.
31.
The Court observes that, although a reasonable time has elapsed and despite
the Court’s request (supra having seen paragraph 7), neither the State nor the
representatives have provided sufficient information to allow the Court to assess the
real actual situation of risk faced by each of the beneficiaries and their family.
Moreover, considering the situation of risk experienced by the beneficiaries,
particularly owing to their internal forced displacement, it is probable that they have
preferred not to provide information for fear of suffering another attack.17 However,
the useful effect of the provisional measures depends on the real possibility that they
can be implemented.18 Consequently, if there is a lack of information regarding the
situation of risk over an extended period of time, the protective measures become
illusory. In this case, the limited information provided has given rise to a situation of
uncertainty at certain times, which is incompatible with the preventive and protective
nature of the provisional measures and, therefore, makes it difficult to monitor their
implementation. Most of the beneficiaries of the measures have not even agreed to
provide their contact information so that their specific needs of protection can be
determined. Hence, the provisional measures have had no effect in actual fact and,
consequently, it is appropriate to order that they be lifted.
32.
Lastly, the Court reiterates that Article 1(1) of the Convention establishes the
general obligations of the State Parties to respect the rights and freedoms recognized
therein and to ensure to all persons subject to their jurisdiction the free and full
exercise of those rights and freedoms, under all circumstances. For their part,
provisional measures are exceptional in nature and are complementary to this general
obligation of the States. In this regard, the Court’s presumptions in order to lift the
provisional measures cannot signify that the State is relieved of its convention-based
protection obligations. Therefore, the Court emphasizes that, irrespective of the
existence of specific provisional measures, the State has a special obligation to ensure
the rights of those individuals in a situation of risk, particularly of Carmen Johana
Jaramillo Giraldo, Esther Pinzón López, Sara Paola Pinzón López, María Teresa Pinzón
López, Yur Mary Herrera Contreras, Zully Herrera Contreras, Maryuri Caicedo
16
The letter indicated in the representatives’ brief has not been submitted to the Court; and no other
probative elements have been submitted so that it can verify its existence.
17
Case of Clemente Teherán. Provisional measures with regard to Colombia. Order of the InterAmerican Court of June 19, 1998.
18
Case of the 19 Tradesmen. Provisional measures with regard to Colombia. Order of the InterAmerican Court of August 26, 2010, thirty-second considering paragraph. Case of Caballero Delgado and
Santana. Provisional measures with regard to Colombia. Order of the Inter-American Court of July 4, 2006,
thirteenth considering paragraph; Case of Caballero Delgado and Santana. Provisional measures with regard
to Colombia. Order of the Inter-American Court of February 3, 2010, sixteenth considering paragraph.
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