10
this moment form the beneficiary communities. In particular, the conformation of the Minor
Community Councils becomes a complex task due to the problem of internal displacement
of the inhabitants of the zone that has affected negatively the possibilities of determination
and identification of the beneficiaries of these measures and its effective implementation.
22.
That beyond the conformation in determining the “Minor Community Councils”, the
membership criteria that allows granting with greater legal certainty, and which has
remained since the adoption of the present provisional measures and during its processing,
and refers to the organization of the beneficiaries in the “humanitarian refuge zones,”
(supra Having Seen 1). This has happened in the case of 161 families represented by the
Inter-Ecclesiastical Commission of Justice and Peace that inhabit the determined
Humanitarian and Biodiversity Zones, and for this reason, they should be considered as
beneficiaries of the present measures (supra Considering 9 and 14).
23.
That without an express request of the Inter-American Commission, this Tribunal
cannot extend the protection of the provisional measures ordered in this matter in favor of
the 231 families that belong to the Minor Councils of Puerto Lleras and Pueblo Nuevo and to
the Minor Council of Bocas de Curbaradó, nor to the 450 displaced families represented by
the “Return Management Committee.”
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to the authority conferred by Article 63(2) of the American Convention on Human
Rights and Article 26 and 30 of its Rules of Procedure, 9
DECIDES:
1.
To determine that the beneficiaries of the present provisional measures are the
members of the 161 families that inhabit the Humanitarian and Biodiversity Zones of
Jiguamiandó and Curbaradó, that form a plurality of persons, identifiable and determinable,
according to the Considering paragraphs 18 - 23 of the present Order.
2.
To request to the Secretary of the Tribunal to notify this Order to the State of
Colombia, to the Inter-American Commission on Human Rights, and the representatives of
the beneficiaries, Mr. Manuel Moya Lara and Mr. Graciano Blandón Borja, representatives of
the 231 families and to the “Return Management Committee,” in representation of the 450
displaced families.
9
Rules approved by the Court in its XLIX Ordinary Period of Sessions, held November 16-25, 2000, and partially
reformed during the LXXXII Ordinary Period of Sessions, held January 19-31, 2009, in conformity with Articles 71
and 72 of the same.