implemented with a differentiated approach, taking into account the geographical location of
the area. The State also indicated that the measures of a collective nature included the
provisions of seven outboard motor boats, 70 mobile communication networks, and three
satellite telephones.
8.
In addition, Colombia stated that, on February 3, 2011, during the meetings to reach
agreement on and monitor the provisional measures, the Ministry of Defense had reiterated
that it would retain the presence of the security forces in the territory of the Jiguamiandó
and the Curvaradó river basins in order to ensure the respect for and the protection of the
population. Accordingly, as the State had indicated, the Army’s 17th Brigade and the Río
Sucio Task Force are conducting operations in the area in order “to demobilize, capture […
or] neutralize members of illegal armed groups that are seeking to commit crimes in the
area,” and to provide security in order to allow the population to return. Furthermore, the
State advised that “the movements of Army personnel […] in the area respond to the
Army’s strategy to implement its missions and operations” and, according to the State, did
not imply that it had abandoned the community. Moreover, it underlined the increase of
troops in the area, from 576 men in 2011 to 756 in 2012, in order to improve and
strengthen the situation of security and freedom of movement of the Jiguamiandó and
Curvaradó communities, and the work of the National Police, which, through the Urabá
Police Department had implemented preventive and operational measures throughout the
jurisdiction.
9.
Lastly, the State referred to the decisions adopted by the Constitutional Court of
Colombia concerning the situation of the communities of the Jiguamiandó and of the
Curvaradó. It indicated that “[g]iven the situation of extreme vulnerability of the displaced
population” in the context of the armed conflict in Colombia, and having verified the grave,
systematic, and massive violation of the fundamental rights of this population, the
Constitutional Court had declared a state of unconstitutionality 7 concerning the internal
forced displacement in amparo judgment T-025 of January 22, 2004, compliance with which
had been verified by different monitoring mechanisms. The Court will refer to these
decisions below (infra considering paragraphs 49 to 56).
A.2. Observations of the representatives
10.
The representatives indicated that the difficulties persist for the “authorities to
provide a coordinated response to the dangerous situations faced by the beneficiaries of the
provisional measures.” For example, in the case of Enrique Petro, they advised that the
National Protection Unit had “created numerous [obstacles] to granting the tangible
measures requested by the beneficiary,” including an “updated certification of the existence
and legal representation of the organization” to which the beneficiary belongs. In addition,
they indicated that, in May 2012, risk assessments had been conducted of several leaders,
but the results have not yet been communicated, and that some measures mentioned by
7
“The factors evaluated by the court to define whether a state of unconstitutionality existed included the
following, in particular: (i) the massive and generalized violation of various constitutional rights that affects a
significant number of persons; (ii) the prolonger failure of the authorities to comply with their obligation to
guarantee the rights; (ii) the adoption of unconstitutional practices, such as the incorporation of the application for
amparo as part of the procedure to guarantee the violated right; (iii) the failure to adopt legislative, administrative
or budgetary measures to avoid the violation of the rights; (iv) the existence of a social problem the solution of
which entails the intervention of several agencies, calls for the adoption of a complex and coordinated series of
actions, and requires a level of resources that demands an important additional budgetary effort; [and] (v) if all
the persons affected by the same problem filed an application for amparo to obtain the protection of their rights,
this would increase delays in the courts.” Cf. Judgment T-025 of January 22, 2004, Constitutional Court of
Colombia (provisional measures file, tome XVIII, folio 7535).
6