8
19.
The Tribunal notes that there is a profound disagreement between the parties
regarding the supposed effectiveness that the measures adopted by the State have had for
the beneficiaries of the present provisional measures. In this regard, the Court emphasizes
that in its written reports, as well as in that submitted during the public hearing (supra
Having Seen 5), Colombia, in general, has referred to these measures in detail. However,
in contrast, the representative has expressly indicated that said measures, particularly
those related to military operations undertaken in the area of the Peace community, have
generated an environment of aggression rather than protection. On this point, the
Commission has reported that the situation of the beneficiaries has not improved.
20.
The Court observes that the State has presented vast information regarding the
actions carried out in the area in which the Peace Community is located. In this regard, the
Tribunal has received general information that does not only correspond to this area but
also to other settlements or towns that, even though they are located within the
Municipally of San José de Apartadó, do not refer specifically to the members of the Peace
Community. This has been the situation since the last Order handed down by the Tribunal
on February 6, 2008. The State has constantly referred to measures implemented “in the
general area of the territory of San José de Apartadó,” which, in its opinion, “have
generated the security conditions that are required for the inhabitants of this territory to
be able to freely exercise their rights.” The information provided by the State does not
enable verification regarding which of the measures ordered by the Tribunal have been
implemented in favor of the members of the Peace Community specifically, mainly because
what is referred to are the events that have given rise to the present provisional measures
and their continuance over the course of almost ten years.
21.
Nonetheless, the Court takes into consideration that Colombia has also informed
that it has carried out other actions to achieve “repopulation” and “economic revitalization”
in the “urban sector of San José de Apartadó and its veredas.” The Tribunal reiterates that
within the Framework of the present provisional measures, the State’s obligation must
center on implementing and informing regarding those measures that are directly linked
with the protection of life and integrity of the beneficiaries, that is, of the members of the
Peace Community of San José de Apartadó.
22.
Notwithstanding the aforementioned, the Court takes note that the State is
conscious of the situation in which the members of the Peace community find themselves
and that, in that regard, it has adopted the measures that it considers pertinent for their
protection. However, the Court does not fail to perceive that despite these measures, there
continues to be complaints from the representative of hostage-taking, intimidation,
threats, looting, etc. against the beneficiaries. Additionally, the Court takes note that while
the present provisional measures have been in effect, certain persons who are protected
by these measures have been detained or deprived of life. Moreover, the representative
has continually reported that the persons presumed responsible for these acts of violence
against the beneficiaries are both members of illegal armed groups and members of the
security forces.
23.
Within the framework of these provisional measures, the Court has already
indicated that to effectuate the rights consecrated in the American Convention, a State
Party has the obligation, erga omnes, to protect all persons who are under its jurisdiction.
In the Court’s opinion, said general obligation is imposed not only in relation to the power