ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 24, 2000
PROVISIONAL MEASURES REQUESTED BY
THE INTER-AMERICAN COMMISSION OF HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF COLOMBIA
PEACE COMMUNITY OF SAN JOSÉ DE APARTADÓ CASE
HAVING SEEN*:
1.
The brief of the Inter-American Commission of Human Rights (hereinafter
“the Commission” or “the Inter-American Commission”) of October 3, 2000, which
submitted to the Inter-American Court of Human right (hereinafter “the Court” or
“the Inter-American Court), in keeping with 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, a request of provisional measures
on behalf of the inhabitants of the Community of Paz de San José de Apartadó,
Department of Antioquia, Republic of Colombia, to protect their lives and personal
integrity, regarding case No. 12.325, which is currently in process before the
Commission.
2.
That, in said document, the Commission stated that the residents of said
community “have been the object of serious acts of violence and harassment by
paramilitary groups in the area,” of which the members of the Colombian Army
would also be liable. Specifically, the Commission notified the Court that has been
informed of the “murder of 47 de the member(s) [of the community] within a ninemonth period.” Due to the seriousness of the situation, some of the facts that the
Commission detailed in its request of provisional measures are detailed as follows:
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2.1. On December 29, 1997, at about fifteen hours, members of the 17
Brigade of the National Army detained Antonio Tuberquia, Blanca Libia
Guzmán, and Heriberto Usuga when, accompanied by other people, they
were going to pick cocoa. They were separated from their peers; were hit
while stepping on them; they put wet rags on their faces and accused them
of being guerillas.
2.2.
On February 6, 1998, at about 10:20 hours, when traveling between
San José de Apartadó and La Unión trail, Joaquín Graciano, age 55, Jesús
Emilio Tuberquia, age 35, Arnulfo Tuburquia, age 14, and Ovidio Tuberquia,
age 16, were detained by members of the 17th Brigade of the National Army
*
Judge Carlos Vicente de Roux Rengifo abstained before the Court from participating in the
procedure of the preparation and adoption of these Provisional Measures.