ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 11, 1997
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION OF HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF COLOMBIA
ÁLVAREZ ET AL. CASE
HAVING SEEN:
1.
The brief of July 7, 1997, and its attachments, in which the Inter-American
Commission on Human Rights (hereinafter "the Commission" or "the Inter-American
Commission") submitted to the Inter-American Court of Human Rights (hereinafter "the
Court" or "the Inter-American Court"), pursuant to Article 63(2) of the American Convention
on Human Rights (hereinafter "the Convention" or "the American Convention") and Article
25 of the Rules of Procedure of the Court (hereinafter "the Rules of Procedure"), a request
for provisional measures on behalf of 17 persons connected with the Association of Relatives
of Detained and Disappeared Persons in Colombia (hereinafter "the Association" or
"ASFADDES") concerning case No. 11.764 before the Commission against the State of
Colombia (hereinafter "the State" or "Colombia").
2.
The events set out in the Commission's request, in which it describes the activities of
the Association and the acts of which its members have generally been victim, summarized
as follows:
a)
the Association is a nongovernmental organization that brings together and supports the relatives
of victims of forced disappearance in Colombia, fights against the practice of forced disappearance, and
attempts to obtain reforms in Colombia's national policy in the matter. In recent months, both the National
Board of Directors of ASFADDES and its Medellín section Board have expressed their disagreement with a
number of judicial decisions that allow military officials, members of paramilitary and political groups have
been exonerated and freed in cases of forced disappearance. They have also declared that the right to the
truth has not been respected, inasmuch as not all the whereabouts of the disappeared persons have been
established nor have all those responsible been punished;
b)
in May 1992, ASFADDES was described by the then Commander of the Fifth Brigade as "guerrilla
sympathizers." From then on its members have been systematically harassed and threatened;
c)
on May 15, 1997, the Association was forced to close its Ocaña section offices on account of the
serious harassment to which its officials were subjected;
d)
on June 24, 1997, an explosive device with approximately five kilos of dynamite destroyed the
ASFADDES' Medellín section offices and files;
e)
at the time at which the Commission made its request, a ruling was about to be handed down on
an administrative request for nullification in a highly pertinent sensitive case involving former General
Álvaro Velandia-Hurtado, a senior army officer, in connection with the disappearance of Nidia Erika
Bautista, sister of Yanette Bautista and José Publio Bautista and mother of Erik Arellano-Bautista, on
behalf of whom the adoption of provisional measures was sought. At that time the Commission considered
that this judicial pronouncement would have sweeping repercussions on the members of the Association.
3.
The deeds which the Commission alleges alleges to have been perpetrated against
the persons on behalf of whom the adoption of provisional measures was sought; they