10
10.
That the State must guarantee the protection of the civilians that are the
beneficiaries of these provisional measures, in accordance with the provisions of the
American Convention and the rules of International Humanitarian Law, and ensure that
said rules are observed by all agents, whether state or private, in the context of the
domestic armed conflict in Colombia.6
11.
That the Court considers it appropriate to urge the State to guarantee and
enforce the observance of the principle of distinction of International Humanitarian Law
in relation to the members of the Communities protected by these measures, who are
civilians that are not involved in the domestic armed conflict.
12.
That in accordance with the Orders of the Inter-American Court of March 6,
2003, November 17, 2004 and March 15, 2005, the State must adopt such measures
as may be necessary to protect the life and the right to humane treatment of all the
members of the Communities of Jiguamiandó and Curbaradó and ensure that the
beneficiaries of these measures can continue to live in their usual residence,7 without
fear of coercion or threat, and that displaced persons may return to their homes or to
the "humanitarian areas" established by these Communities. In addition, the State is
under the obligation to investigate the facts that led to the adoption and maintenance
of these provisional measures in order to identify those involved and punish them
accordingly (supra Having Seen clauses No. 1, 2 and 3).
13.
That, pursuant to operative paragraph number seven of the Order issued by the
Court on March 15, 2005 (supra Having Seen clause No. 3), the State must submit a
report on the implementation of the provisional measures every two months. In
addition, the Inter-American Commission and the representatives must submit their
comments on the State reports.
14.
That the State submitted the report requested in operative paragraph number
four of the last Order issued by the Court (supra Having Seen clause No. 3), due on
May 27, 2005 (supra Having Seen clauses No. 8, 9, 10, 11, 12 and 13) on August 8,
2005. The State has also failed to submit the bimonthly report due on October 8, 2005
despite the request from the Secretariat, as instructed by the President (supra Having
Seen clause No. 16). Colombia has not complied with the obligation to submit reports
on the measures adopted every two months, as required in the aforesaid Order of
March 15, 2005.
15.
That the Inter-American Commission submitted its comments on the State
report, which were due on September 30, 2005, on December 30, 2005, despite having
been granted an extension and having been required to do so by the Secretariat,
following the President’s orders (supra Having Seen clauses No. 16 and 18).
16.
That the Court has established that failure by the State to report on the
provisional measures adopted in compliance with the Court’s decisions is particularly
serious given the legal nature of these measures, which seek to prevent irreparable
6
Cf., inter alia, Matter of the Peace Community of San José de Apartadó, supra note 1, Considering
clause No. 9, and Matter of the Communities of Jiguamiandó and Curbaradó, supra note 1, Considering
clause No. 8.
7
Cf., inter alia, Matter of the Communities of Jiguamiandó and Curbaradó, supra note 1, Considering
clause No. 10; Matter of the Peace Community of San José de Apartadó, supra note 1, Considering clause
No. 8; and Matter of Giraldo Cardona. Provisional Measures. Order of the Inter-American Court of Human
Rights of February 5, 1997, Considering clause No. 5.
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