2
3.
The order of the Inter-American Court of September 30, 1999, in which it
decided:
1.
To require the State of Colombia to maintain the measures necessary to protect
the life and physical safety of Sister Noemy Palencia (on her return to El Meta), Islena
Rey, and Mariela de Giraldo and her two minor daughters, Sara and Natalia Giraldo, in
whose favor the Inter-American Court of Human Rights ordered provisional measures in
its orders of October 28, 1996, February 5, 1997, June 19 and November 27, 1998.
2.
To require the State of Colombia to investigate and inform the Inter-American
Court of Human Rights about the facts denounced, which gave rise to these measures, in
order to discover those responsible and punish them.
3.
To require the State of Colombia to provide information on the alternate
mechanisms that will be adopted to execute effectively the provisional measures ordered
by the Inter-American Court of Human Rights, as a consequence of the facts described in
the Commission’s briefs of September 3 and 15, 1999, and the State’s brief of
September 17, 1999, and on the efforts made to reopen the El Meta Human Rights Civic
Committee.
4.
To require the State of Colombia to continue allowing the petitioners to
participate in the planning and implementation of the measures referred to in the
previous point and, in general, maintain them informed on the progress of the measures
ordered by the Inter-American Court of Human Rights.
5.
To require the State of Colombia to continue presenting reports every two
months on the provisional measures it has taken and the Inter-American Commission on
Human Rights to submit its observations on the reports within six weeks of their receipt.
4.
The brief of the Inter-American Commission on Human Rights (hereinafter
“the Commission” or “the Inter-American Commission”) of June 6, 2001, in which it
stated that on:
June 5, 2001, Gonzalo Zárate Triana, who was protected by the provisional measures
called for in the order of October 28, 1996, in the Giraldo Cardona et al. case, had been
assassinated.
The Commission then requested the Court to communicate with the Republic of
Colombia (hereinafter “the State’ or “Colombia”) “to request the judicial authorities
to conduct the corresponding investigation in order to clarify the facts and prosecute
those responsible.”
5.
The brief of the Secretariat of the Court (hereinafter “the Secretariat”) of June
6, 2001, with which it sent the State a copy of the Commission’s brief of the same
date (supra 4) and, following the instructions of the President of the Court, Antônio
A. Cançado Trindade, requested “that in the next report on compliance with the
provisional measures ordered by the Court in this case, it submit information on the
facts referred to and on the investigations that the State is conducting in order to
clarify them and punish those responsible.”
6.
The Commission’s observations of July 10, 2001, on the twenty-fifth report of
the State, in which the Commission stated that:
[…] the assassination of Mr. Zárate and his brother confirms the critical situation of
human rights defenders in the region of El Meta. Although Mr. Zárate waived the
security plan suggested by the State and, as the petitioners indicate, voluntarily isolated
himself from public activity as a way of protecting his life and that of this family, the
absence of effective actions to investigate the origin of the threats and violence against
the members of the El Meta Human Rights Committee and combat the agents who
generated the violence in Villavicencio finally cost him his life.