murder of Josué Giraldo Cardona and the aggravated murder of Pedro Malagón and his
daughter Elda Milena Malagón, which are being processed by the 95th Specialized
Prosecutor’s Office of the National Unit for Human Rights and International Humanitarian
Law, as well as the investigation into aggravated theft being processed by the 27th Local
Prosecutor of Villavicencio. It explained that all these processes are in the preliminary
stages and that the Attorney General’s Office had decided to establish special agencies for
those inquiries. Subsequently, the State reported that the investigation regarding the
photographic survey of the Civic Committee of Meta is being carried out by the 31st Local
Prosecutor of Villavicencio and that it is implementing a methodological program and that a
technical-legal committee has been established.
47.
For their part, the representatives noted that the State had not provided specific
information on the investigations by the competent authorities into the events of which the
beneficiaries had been victims. The Inter-American Commission indicated that the
investigations are an important element for assessing the continued risk affecting the
beneficiaries Mariela Duarte and her daughters Sara and Natalia Giraldo.
48.
The Court recalls that in previous orders on this matter, it established that the
effectiveness of the investigations and procedures relating to the facts that gave rise to the
provisional measures corresponded to the examination of the merits of the case 31 and that,
bearing in mind that a case on this matter is being examined by the Inter-American
Commission, such considerations are beyond the scope of these provisional measures. 32
Similarly, this Court understands that the State has fulfilled its commitment made at the
public hearing on January 29, 2010, to officially request the Justice and Peace Unit to report
on actions that could have been perpetrated by paramilitary groups against the Civic
Committee or its members and does not consider it appropriate to comment on the
effectiveness of those judicial procedures in the context of these provisional measures.
49.
Moreover, the Court reiterates that Article 1(1) of the Convention establishes the
general obligation of the States Parties to respect the rights and freedoms recognized
therein and to ensure the free and full exercise of those rights and freedoms to all persons
subject to their jurisdiction. Consequently, regardless of the existence of specific provisional
measures, the State is obliged to guarantee the rights of individuals in a situation of risk
and must expedite the investigations required to elucidate the facts, followed by the
consequences established by the pertinent laws. 33
50.
Accordingly, in the context of these provisional measures and, as it has done on
other matters 34, the Court shall not refer to the investigation of the facts or to the manner
in which the State is investigating. In that sense, the Court reiterates that it will not request
the parties to provide further information on this point.
31
Cf. Matter of Giraldo Cardona et al. Provisional Measures regarding Colombia. Order of February 2, 2010,
Considering paragraph 34, and Matter of Giraldo Cardona et al. Provisional Measures regarding Colombia. Order of
February 22, 2011, Considering paras. 41 to 43.
32
Cf. Matter of Giraldo Cardona et al. Provisional Measures regarding Colombia. Order of February 22, 2011,
Considering paragraph 41.
33
Cf. Case of Velásquez Rodríguez. Provisional Measures regarding Honduras. Order of the Inter-American
Court of January 15, 1988, and Case of the 19 Tradesmen. Provisional Measures regarding Colombia. Order of the
Inter-American Court of June 26, 2012, Considering paragraph 45.
34
Cf. Matter of the Children and Adolescents deprived of liberty in the FEBEM “Tatuapé Complex”. Provisional
Measures regarding Brazil. Order of the Inter-American Court of July 3, 2007, Operative paragraph 7, and Case of
19 Tradesmen. Provisional Measures regarding Colombia. Order of the Inter-American Court of June 26, 2012,
Considering paragraph 46.
15