15
during the referred-to public hearing, the Commission did not answer to the Tribunal’s
request.
42.
Notwithstanding this, the Court observes that the dossier of the present provisional
measures records that the representative of the beneficiaries has mentioned that Mr. Eduar
Lanchero has been with the Peace Community “since the first months in which this
population suffered massive displacement,” and that over the passage of time, the
population “was asking him […] to prolong his accompaniment, until he came to be
considered one of the Community.”14 With regard to this situation, the State has not
objected to Mr. Eduar Lanchero’s situation as a beneficiary of the present provisional
measures.
43.
Given the confluence of factors that reveal grave aggressions against members of
the Peace Community, and in view of the information presented by the representative, it is
reasonable to infer that Mr. Eduar Lanchero, Mr. Jesús Emilio Tuberquia, and Mr. Reinaldo
Areiza are in a situation of extreme gravity and urgency which merits the adoption of
specific measures for their protection. In this regard, the Tribunal takes into account that
the representative has expressed his opposition to the measures on behalf of Mr. Lanchero
being adopted within the Program of Protection and Assistance for Victims and Witnesses of
the Attorney General of the Nation. However, the representative has not presented other
options by which Mr. Lanchero could rely on the protection he requires.
44.
Taking into account the aforementioned, the Tribunal finds that the State must adopt
special measures necessary to protect the life and integrity of Mr. Eduar Lanchero, Mr. Jesús
Emilio Tuberquia, and Mr. Reinaldo Areiza, and that said measures should be agreed upon
with the representative. This should facilitate dialogue with the State as well as an analysis
of the measures that are most agreed upon. However, independent of the need to achieve
measures in agreement with the representative, the Tribunal recalls that the State is
especially obliged to guarantee the rights of such persons, and that they should propel the
necessary investigations to clarify the facts, in terms of that laid out by Article 1(1) of the
American Convention (supra Considering 30).
*
*
*
45.
The Court hereby notes that the present provisional measures were granted on
November 24, 200015 (supra Having Seen 1), and that they have been in effect for almost
ten years. To a question expressed by the Tribunal during the public hearing held on the
present matter (supra Having Seen 5), The Inter-American Commission responded that the
respective petition is in the admissibility phase, that is, it still has not been accepted.
46.
The Court has established that the provisional measures have an exceptional nature,
that they are announced according to the needs of protection and, once announced, they
14
15
Cf. Representantative’s brief dated November 9, 2009, (provisional measures file, volume XII, leaf 3059).
October 9, 2000, the President of the Inter-American Court of Human Rights adopted urgent measures in
favor of the members of the Peace Community. Cf. Matter of Peace Community of San José de Apartadó.
Provisional Measures regarding Colombia. Order of the President of the Inter-American Court of Human Rights of
October 9, 2000, operative paragraph first. These measures have been ratified subsequently by the Court through
the Order of November 24, 2000, (supra Having Seen 1).