ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JUNE 19, 1998
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF COLOMBIA
CLEMENTE TEHERÁN ET AL. CASE
HAVING SEEN:
1.
The brief of March 18, 1998, and its attachments, by which the InterAmerican Commission on Human Rights (hereinafter "the Commission" or "the InterAmerican Commission") submitted to the Inter-American Court of Human Rights
(hereinafter "the Court" or "the Inter-American Court") a request for provisional
measures on behalf of twenty-two persons, pursuant to Article 63 (2) of the
American Convention on Human Rights (hereinafter "the Convention" or "the
American Convention") and Article 25 of the Rules of Procedure of the Court
(hereinafter "the Rules of Procedure").
In that brief the Commission requested the Court to call upon the State to undertake
the following:
a.
To adopt effective security measures to protect the lives and physical integrity
of Rosember Clemente-Teherán, Armando Mercado, Nilson Zurita-Mendoza, Edilberto
Gaspar-Rosario, Dorancel Ortiz, Leovigildo Castillo, Santiago Méndez, Zoila Riondo, Saúl
Lucas, José Guillermo Carmona, Celedonio Padilla, Eudo Mejía-Montalvo, Marcelino
Suárez-Lazaro, Fabio Antonio Guevara, José Luis Mendoza, Misael Suárez-Estrada,
Ingilberto M. Pérez, Martín Florez, Jacinto Ortiz-Quintero, Juan Antonio AlmanzaPacheco, José Carpio Beltrán and Luis Felipe Álvarez-Polo. The protection measures shall
be adopted by the Colombian State by common agreement with the persons to be
protected in order to ensure that they are effective and appropriate.
b.
To adopt, as an essential aspect of the duty to protect, effective measures to
investigate the acts perpetrated against the members of the Zenú community listed in
[the] petition, in order to identify and, where appropriate, punish those responsible for
those acts.
c.
To inform the Court shortly of the specific and effective measures taken to
protect [the persons indicated].
2.
The activities of the Zenú indigenous community of San Andrés de Sotavento
(hereinafter "the Zenú indigenous community") described in the Commission's
request and the acts of which its members have, by and large, been allegedly
victims, which are summarized below:
a)
The Zenú indigenous community Reserve (hereinafter "the Reserve") is an indigenous
territorial entity of inalienable collective property. Law 55 was passed in 1905 and through it the