the State “have not been implemented effectively,” particularly the provision of outboard
motor boats, the “intense protection scheme requested by Enrique Petro” and the landbased support. They indicated that most of the persons who the State presented as
beneficiaries of the “tangible measures” were not beneficiaries of the provisional measures.
Regarding the measures of a general nature, they indicated that connivance with and
tolerance of the illegal armed groups by the civil and military authorities continues. In
addition, they considered that the information forwarded by the State merely described
general activities undertaken by the security forces, but failed to specify the real impact that
they have had as regards protection.
A.3.
Observations of the Inter-American Commission
11.
The Commission took note of the efforts described by the State to comply with the
obligation of protection. However, it noted that no mention was made of the effectiveness
and the specific and immediate impact of these measures for the beneficiaries, and that it
had not provided information on differentiated measures to respond to the situation of
extreme risk. Furthermore, it took note “that the State ‘in good faith’ had approved
measures of protection in favor of 14 persons,” underscoring that three of these had been
the object of a request for expansion of provisional measures rejected by the Court.
Nevertheless, it indicated that the “State had acknowledged at a public hearing that the
situation of the Jiguamiandó and the Curvaradó river basins is one of constant danger,
which has warranted the perimeter protection of the inhabitants of the humanitarian and
biodiversity zones,” but that the State did not have “sufficient troops available to respond to
serious situations in the area.” According to the Commission, the information provided
reveals that acts continue to be perpetrated without the State having taken sufficient
measures to protect the beneficiaries. The Commission added that although the State “has
taken some measures to provide protection to the beneficiaries, […] these have not been
effective, [and] far from demonstrating that it has overcome the situation of extreme
gravity and urgency,” it continues to fail to provide an effective response to the situation.
A.4.
Considerations of the Inter-American Court
12.
The State has reiterated that it continues to adopt measures of protection in favor of
the beneficiaries of the provisional measures. However, according to the information
presented by the Commission and the representatives, significant elements of risk persist in
the area where these persons reside.
13.
While processing these provisional measures, the Court has previously indicated
that, in order to ensure that the rights recognized in the American Convention are effective,
the State Parte has the obligation, erga omnes, to protect all persons subject to its
jurisdiction. In the Court’s opinion, this general obligation is binding not only in relation to
the power of the State, but also in relation to actions of private third parties, including
illegal armed groups of any nature. 8 Without prejudice to the findings that follow (infra
considering paragraphs 45 to 56), in all circumstances, the State must adopt the individual
and collective measures that are necessary to protect the life and integrity of the members
of the humanitarian zones of Nueva Esperanza, Pueblo Nuevo, Caño Claro and El Tesoro,
and the five biodiversity zones known as Erasmo Sierra, Enrique Petro, Familia Tuberquia,
Ligia María Chaverra and Efrén Romaña, taking into account their specific situation.
8
Cf. Matter of Castro Rodríguez. Provisional measures with regard to Mexico. Order of the Inter-American
Court of Human Rights of February 13, 2013, fifteenth considering paragraph, and Case of the Peace Community of
San José de Apartadó. Provisional measures with regard to Colombia. Order of the Inter-American Court of Human
Rights of June 18, 2002, twelfth considering paragraph.
7