Álvaro Guisao-Usuga, Florentino Guisao-Usuga, Gloria Gómez, Verónica Marín and Nemecio
Oquendo. In such report it must be clearly explained whether a situation of extreme gravity
and urgency to avoid irreparable damage to such persons persists.
[…]
6.
To request the State, after having reported pursuant to the foregoing operative
paragraph, to continue reporting to the Inter-American Court of Human Rights every two
months on the provisional measures adopted, and request the representatives of the
beneficiaries of such measures, as well as the Inter-American Commission on Human Rights,
to submit their comments within a period of four or six weeks, respectively, as of notification
of the State’s reports.
4.
The briefs submitted by the State of Colombia (hereinafter “the State” or
“Colombia”) on January 8, March 10, April 14, July 16, August 3 and October 30,
2009; February 19, May 18, September 13 and December 13, 2010; February 21,
February 25, April 5, July 11, September 30 and November 29, 2011; January 30,
February 16, April 3, May 30, August 23, October 22, and December 21, 2012; and
January 31, April 5 and May 16, 2013, in which it reported on matters related to these
provisional measures.
5.
The briefs presented by the representatives of the beneficiaries of the
provisional measures (hereinafter “the representatives”) on February 19 and August
28, 2008; January 10, March 20, July 10, September 10 and December 17, 2009;
March 25, June 17 and November 12, 2010; February 8, May 10, August 8 and
December 28, 2011; March 21, May 28, June 25, September 7, September 17 and
September 21, 2012; and February 6, February 25, April 17, May 6 and May 8, 2013,
in which they submitted their observations to the reports of the State.
6.
The briefs submitted by the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) on January 12,
April 16 and June 8, 2009; May 12, June 16, July 15 and September 13, 2010; May
17, June 2, October 7 and December 8, 2011; May 23, October 17 and December 21,
2012; and March 27 and May 16, 2013, in which it submitted its observations to the
information provided by the State.
7.
The briefs submitted by Silvia Quintero on March 15 and 17, April 10 and June
15 and 18, 2010, and on May 6, 2013.
CONSIDERING THAT:
1.
Colombia has been a State Party to the American Convention on Human Rights
(hereinafter “the American Convention” or “the Convention”) since July 31, 1973 and
recognized the contentious jurisdiction of the Inter-American Court on June 21, 1985.
2.
Article 63(2) of the American Convention establishes that, “[i]n cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons,” the Court shall adopt such provisional measures as it deems pertinent, in
matters it has under consideration. With respect to a case not yet submitted to the
Court, it may act at the request of the Commission.” This provision is, in turn,
regulated in Article 27 of the Rules of Procedure of the Court 2 (hereinafter “the Rules”).
According to said Rules, provisional measures may be applied provided that the basic
requirements of extreme gravity, urgency and the need to avoid irreparable damage to
persons are met. These three conditions must coexist and must persist for the Court to
2
Rules approved by the Court during its Eighty-fifth Regular Period of Sessions held on November 16
to 28, 2009.
2