2
sensitive case involving former General Álvaro Velandia-Hurtado, a senior army
officer, in connection with the disappearance of Nydia Erika Bautista, sister of
Yanette Bautista and José Publio Bautista and mother of Erik Arellano-Bautista, on
behalf of whom the adoption of provisional measures was sought. At that time the
Commission considered that this judicial pronouncement would have sweeping
repercussions on the members of the Association.
3.
The deeds which the Commission alleges to have been perpetrated against the
persons on behalf of whom the adoption of provisional measures was sought; they include:
threatening telephone calls, surveillance by DAS officials or State security organs, inquiries
into their affairs, and harassment by alleged paramilitary groups.
4.
The Commission's arguments on which its request for provisional measures is based,
that Colombia has taken no effective action to protect those persons and that “despite the
existence of precautionary measures requested by the Commission on behalf of various
members of the organization ... the harassment has continued and increased, culminating
in the attack on the Medellín section office on June 24, 1997.”
5.
The Commission’s July 16, 1997, brief through which it informed the Court of
subsequent stalking of and threats to of Yanette Bautista, Erik Antonio Arellano-Bautista,
and José Publio Bautista. The Commission also claimed that the administrative petition for
nullification in the case in which former General Alvaro Velandia Hurtado was sentenced for
the disappearance of Nydia Erika Bautista (supra, Having Seen, section 2(e)) was denied on
June 20, 1997, by the Administrative Contentious Tribunal of El Valle.
6.
The Order of the President of the Court (hereinafter "the President") of July 22,
1997, through which he decided:
1.
To request the Republic of Colombia, in strict compliance with the obligation to respect
and guarantee human rights which it undertook in accordance with Article 1(1) of the American
Convention on Human Rights, to adopt forthwith such measures as are necessary to protect the
life and integrity of José Daniel Álvarez, Nidia Linores Ascanio, Gladys López, Yanette Bautista,
María Helena Saldarriaga, Piedad Martín, María Eugenia López, Adriana Diosa, Astrid Manrique,
Faride Ascanio, Carmen Barrera, Evidalia Chacón, José Publio Bautista, Nelly María Ascanio, Ayda
Mile Ascanio, and Miriam Rosas Ascanio in order to prevent irreparable damage to them.
2.
To request that the Republic of Colombia, as soon as Mr. Erik Antonio Arellano-Bautista
returns to its territory, adopt such measures as are necessary to protect his life and physical
integrity in order to prevent irreparable damage to him.
3.
To request that the Republic of Colombia investigate the facts denounced and punish
those responsible for them, particularly with regard to the attack of June 24, 1997, on the
Association's offices in the city of Medellín.
4.
To request that the Republic of Colombia adopt forthwith such measures as are necessary
to ensure that all the offices of the Association of Relatives of Detainees-Disappeared Persons of
Colombia may discharge its functions without danger to the lives or physical integrity of the
persons working there, especially the Association's offices in the cities of Medellín and Ocaña.
5.
To request that the Republic of Colombia submit a first report on the measures adopted
within 15 days of notification of this Order and that the Inter-American Commission on Human
Rights submit its comments on that report within a period of one month from receipt of that
document.
6.
To request that the Republic of Colombia, from the date of presentation of its first report,
continue to submit every two months its reports on the provisional measures taken and that the
Inter-American Commission on Human Rights submit its comments on those reports within 45
days of receiving them.