internal armed conflict”; the “persistence of the mobilization, presence and control of the
paramilitary groups in the river basins where the humanitarian zones are located, as well as
in areas of transit that are necessary for the [zones]”; the “continuing threats [and]
harassment against the land claimant leaders”; the “ illegal planting and processing of
crops using the territories of the Curvaradó and Jiguamiandó river basins”; the “invasion of
collective territories by illegal occupants […],” and the “absence of a response from the
authorities to the protection plan requested by the communities.”
40.
The representatives argued that the context of risk “continued in force even after the
last hearing” in this matter; that this situation had been examined by the Constitutional
Court of Colombia, and that the effectiveness of the measures should be analyzed based on
the possibility that the beneficiaries can continue living in the humanitarian zones and
biodiversity zones, exercising their rights, without suffering irreparable damage to their life
and integrity as a result of this. In their brief of February 6, 2013 (supra having seen
paragraph 5), the representatives indicated that, even though “progress has been made in
the Government’s response aimed at facilitating legal restitution of the territories, […] the
risk factors remain; [that …] the specific response of the 17th Brigade to the perimeter
control has had serious shortcomings; [and that the …] response of the Protection Unit to
the requests for collective plans corresponding to the identity of the Afro-descendant ethnic
group has not received an adequate response […].” Based on the foregoing, the
representatives asked the Court to maintain the provisional measures in force; that it order
the State to adopt the necessary measures to protect the life and integrity of the
beneficiaries, and that “it visit the humanitarian zones, beneficiaries de provisional
measures, in order to verify the situation of risk […].”
E.3.
Observations of the Inter-American Commission
41.
The Commission appreciated the information presented by the State, “and also the
detailed analysis of the actions it had taken in relation to these measures and of the
authorities involved.” Nevertheless, the Commission found that, in order to lift the
provisional measures, it was necessary to consider whether the elements of extreme
gravity, urgency and need to avoid irreparable damage subsisted, and to analyze the
“improvements adopted, and the effective response in order to overcome the situation of
risk that led to the adoption of the measures.”
42.
The Commission indicated that the information presented by the representatives
revealed that, since the Order of this Court of November 25, 2011 (supra having seen
paragraph 2) and up until July 2012, “there had been death threats against the leaders of
the beneficiary communities, executions and disappearances, harassment [and] a constant
paramilitary presence in the area with alleged State acquiescence, among other elements.”
The Commission indicated that the Inter-American Court had been made duly aware of this
information. Furthermore, it stressed that the State itself had acknowledged the situation
that subsisted in the area and that, in this regard, had referred to “the situation of the land
restitution, the census that had been ordered, the displacement, the presence of the socalled BACRIM [Emerging Criminal Bands] [supposedly identified as paramilitaries] as well
as the different decisions handed down by the Constitutional Court […].” It indicated that,
during the processing of the preventive measures and the provisional measures, both the
Inter-American Commission and the Court, respectively, had considered these elements,
which had given rise to a situation “of extreme gravity, urgency and imminent risk of
irreparable damage in the communities of the Jiguamiandó and of the Curvaradó.”
43.
According to the Commission, “the alleged threats, surveillance and harassment
which the members of the beneficiary communities have been subject to, the alleged lists of
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