13
7.
When dealing with a request for provisional measures, the Court cannot consider
the merits or any argument that is not strictly related to the elements of extreme
gravity, urgency, and need to avoid irreparable harm to persons. Such extraneous
issues may only be brought before the Court in traditional contentious case
proceedings.12
A) Regarding the request for provisional measures
8.
The Inter-American Commission indicated that since December 8, 2003,
precautionary measures (MC 705-03) have been in effect in favor of CCJ members.
Colombia has not properly implemented these measures as the beneficiaries continue to
be the target of incidents of harassment, intimidation, and monitoring.
9.
The Request for Provisional Measure of the Inter-American Commission is based
on: a) alleged intelligence activities on the part of the DAS against the CCJ; b) alleged
deficiencies of information, access, and participation of CCJ members in the
investigations undertaken by the Prosecutor and the Office of the Inspector General
against DAS agents; c) the alleged “accusations” and ongoing smear campaign against
the CCJ and its members; and d) alleged threats and harassment against the lives and
right to humane treatment of some of the CCJ members.
10.
The Tribunal accordingly finds that the analysis of the facts and allegations of the
Commission relating to points a), b), and c) of the preceding paragraph would be
subject to examination in potential contentious case proceedings were such proceedings
to be commenced. This Court has already stated that a ruling on the merits of the case
may be achieved by way of a judgment in normal contentious case proceedings, and not
through a request for provisional measures.13 Furthermore, the Court finds that these
allegations do not meet the requirements for the issuance of provisional measures
pursuant to Article 63(2) of the Convention.
11.
Consequently, in the analysis of the present request for provisional measures,
the Court will not consider the above factual allegations due to the impossibility of
entering into a discussion of matters more properly addressed during contentious case
proceedings.
B) Regarding the Alleged Incidents of Threats, Monitoring, Intimidation,
and Others (Considering clause 9(d))
12
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of August 29, 1998. Considering clause six; Matter of the Communities of
Jiguamiandó and Curbaradó. Provisional Measures regarding Colombia. Order of the Inter-American Court of
Human Rights of August 30, 2010, Considering clause six; and, Matter of Gladys Lanza Ochoa, supra note 8,
Considering clause seven.
13
Cf. Matter of James et al., supra note 12, Considering clause seven; Matter of the Communities of
Jiguamiandó and Curbaradó, supra note 12, Considering clause seven; and, Matter of Gladys Lanza Ochoa,
supra note 8, Considering clause seven.