7
10.
That the situation endured by the communities comprising the Community
Council of the Jiguamiandó and the families of the Curbaradó, as described by the
Commission, has obliged their members to displace themselves to jungle zones or
other regions; therefore, the State must ensure that the persons benefiting from
these measures may continue living in their habitual residence and provide the
necessary conditions for the displaced persons from these communities to return to
their homes5.
11.
That, in order to guarantee effectively the rights enshrined in the American
Convention, the State Party has the obligation, erga omnes, to protect all persons
subject to its jurisdiction. In the Court’s opinion, this means that the said general
obligation is imperative not only with regard to the State authorities, but also in
relation to the acts of individual third parties, even irregular armed groups of any
kind. The Court observes that, given the particular characteristics of the instant
case, and the general situation of the armed conflict in the State of Colombia, it is
necessary to protect all the members of the Communities by provisional measures, in
light of the provisions of the American Convention and international humanitarian
law6.
12.
That the Court is not considering the merits of the case to which the
Commission’s request refers and, therefore, the adoption of provisional measures
does not imply a decision on the merits of the existing dispute between the
petitioners and the State7.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
5
Cf. The case of the Peace Community of San José de Apartadó. Provisional measures. Order of
the Inter-American Court of Human Rights of November 24, 2000. Series E No 3. Giraldo Cardona case.
Provisional measures. Order of the Inter-American Court of Human Rights of February 5, 1997. Series E
No. 2, fifth considering clause; Giraldo Cardona case. Provisional measures. Order of the President of the
Inter-American Court of Human Rights of October 28, 1996. Series E No. 2, second operative paragraph
and Colotenango case. Provisional measures. Order of the Inter-American Court of Human Rights of June
22, 1994. Series E No. 1, second operative paragraph.
6
Cf. The case of the Peace Community of San José de Apartadó. Provisional measures. Order of
the Inter-American Court of Human Rights of June 18, 2002, eleventh considering clause.
7
Cf., inter alia, the case of the Peace Community of San José de Apartadó. Order of the InterAmerican Court of Human Rights of November 24, 2000. Series E No, 3, thirteenth considering clause;
the case of Haitians and Dominicans of Haitian Origin in the Dominican Republic, Provisional measures.
Order of the President of the Inter-American Court of Human Rights of September 14, 2000, seventh
considering clause; James et al. case, Provisional measures. Order of June 19, 1999. Series E No. 2,
seventh considering clause; James et al. case, Provisional measures. Order of the President of the InterAmerican Court of Human Rights of May 11, 1999. Series E No. 2, fifth considering clause; James et al.
case, Provisional measures. Order of the Inter-American Court of Human Rights of August 29, 1998.
Series E No. 2, sixth considering clause; James et al. case, Provisional measures. Order of the President
of the Inter-American Court of Human Rights of July 22, 1998. Series E No. 2, sixth considering clause;
James et al. case, Provisional measures. Order of the President of the Inter-American Court of Human
Rights of July 13, 1998. Series E No. 2, sixth considering clause; James et al. case, Provisional
measures. Order of the President of the Inter-American Court of Human Rights of June 29, 1998. Series
E No. 2, sixth considering clause; and James et al. case, Provisional measures. Order of the President of
the Inter-American Court of Human Rights of May 27, 1998. Series E No. 2, seventh considering clause.
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