5
determinable, and who are found in a state of grave risk in regards to their belonging to a
group or community. Given the collective dimension of the provisional measures ordered in
this matter, this Tribunal has determined that the members of the Peace Community,
beneficiaries of these measures, do not need to be previously named. Additionally, the
Court understands that in matters such as the present, in which the beneficiaries of the
protective measures are found in a situation of grave risk due to their belonging to a
community, the supplying of a list with the names of these persons could aggravate their
situation.8 However, for the purpose of adequately supervising the implementation of the
corresponding measures, in matters such as the present it is necessary for the Tribunal to
understand with as much clarity as possible, and based upon updated information, the
universe of beneficiaries of these measures, especially when these have been valid for
approximately ten years and the information supplied by the representative and the InterAmerican Commission is discrepant.
11.
As established by Articles 63(2) of the American Convention and 27(2) of the Rules
of Procedure of the Court, the Commission may request from the Tribunal the adoption of
provisional measures in cases that have still not been submitted to consideration by the
Court. Given that the present provisional measures have not been adopted in the context
of a contentious case before the Court, it falls to the Inter-American Commission to clarify
to the Tribunal what is the universe of beneficiaries of these provisional measures, which
were adopted at the Commission’s request, without prejudice with regards to the
information which might be presented directly to the Court by the representative.
12.
Therefore, the Tribunal reiterates to the representatives and to the Commission
that they must clarify the situation of the 144 families apparently located in the districts La
Resbalosa, La Hoz, Rodoxalí, Sabaleta, Las Flores, El Venado, and Arenas Bajas, all in the
Municipality of San José de Apartadó. Notwithstanding the aforementioned, and given that
prior to the Order of February 6, 2008, the State in its reports had referred to acts which
were apparently committed against the habitants of some of the noted districts, the Court
considers it proper to maintain in effect the measures already ordered by the Tribunal in its
Order of November 24, 2000, ratified through the Resolutions of June 18, 2002, November
17, 2004, March 15, 2005, February 2, 2006, and February 6, 2008 (supra Having Seen
1), in favor of “all the members of the Peace Community of San José de Apartadó.”
13.
On the other hand, the Court observes that, in different submissions, the
representative has referred to acts which were apparently committed against persons who
belong to other veredas or to events which took place in other demarcations distinct from
those indicated previously (supra Considering*). For example, the representative has
mentioned the veredas Los Mandarinos (although this has also been referred to as a
“caserío,” or Hamlet), Las Nieves, Playa Larga, El Porvenir, Buenos Aires, La Balsa, Naín, El
Guineo, Caracolí, Las Claras, and Miramar. The representative has also alluded to the
neighborhoods El Mangolo, 20 de Enero de Apartadó, Alfonso López de Apartadó, and
Policarpa, as well as the Hamlet of San José. Additionally, on other occasions the
representative has referred to veredas which do not appear to be located with the
Municipality of San José de Apartadó, such as the veredas Batata and Murmullo, de
Tierralta, Córdoba. On yet other occasions, the representative has referred to persons with
respect to whom it is not indicated whether they belong to any of the veredas which are
comprehended by the present provisional measures, or if they belong to other settlements
that are not beneficiaries of said measures.
8
Cf. Matter of the Peace Community of San José de Apartadó. Provisional Measures regarding Colombia.
Order of the Inter-American Court of Human Rights of February 6, 2008, Considering Ninth.