11
reportedly taken by the army and the police. Finally, they stated that attorney Elkin de
Jesús Ramírez-Jaramillo, member of the Corporación Jurídica Libertad (CJL), is
reportedly being the subject of intimidation and of a complaint brought against him in
connection with his services as representative of the members of the Peace
Community, beneficiaries of the provisional measures, in the proceedings before the
Inter-American human rights system (supra Having Seen clauses No. 13, 16, and 19).
22.
That the Inter-American Commission expressed, inter alia, concern over the
incidents recently reported by the representatives, in the sense that “since the date of
the last Order of the Court […] a number of incidents of harassment, theft and
usurpation, attacks and attempts of murder against members of the Community have
taken place [,a]mong them, the murder of Mr. Arlen Salas David” and the injuries
caused to Mr. Hernán Goez, as well as over the information received by the
Commission that massive acts of violence may be perpetrated against the Peace
Community and the fact that, since July 2005, the State has failed to provide
information to the Court regarding the reported incidents or the measures adopted
(supra Having Seen clause No. 21).
23.
That even after the adoption of these provisional measures, according to the
information provided by the Commission and the representatives, the members of the
Peace Community continue to be the target of threats, harassment, stigmatization,
theft, usurpation, arbitrary detention, murder and attempt of murder and forced
disappearance, reportedly by police forces -a situation that would have allegedly been
worsened by military presence.
24.
That given the severity of the situation facing the members of the Peace
Community, as evidenced by the latest incidents reported by the Commission and the
representatives, it is necessary to request the State once again to adopt immediately
and efficiently all such measures as may be necessary to effectively ensure the full
exercise of the right to life and to humane treatment of the members of the Community
protected by these provisional measures.
25.
That the Court considers it necessary that Colombia refer, in the report to be
submitted, in accordance with this Order (infra Operative Paragraph No. 4), to the
incidents mentioned by the representatives in their communications of August 16,
November 22 and December 20, 2005 and by the Commission in the brief of December
23, 2005 (supra Having Seen clauses No. 13, 16, 19 and 21, and Considering clauses
No. 21, 22 and 23) and to the measures being adopted to prevent acts against the life
or the right to humane treatment of the beneficiaries of these measures.
26.
That the State is under the obligation to investigate the facts that led to the
adoption and maintenance of these provisional measures in order to identify the
perpetrators and punish them accordingly.
THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority vested in it by Article 63(2) of the American Convention on
Human Rights and Articles 25 and 29 of the Court Rules of Procedure,
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