ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 27, 1998
PROVISIONAL MEASURES ADOPTED BY THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF COLOMBIA
GIRALDO CARDONA CASE
HAVING SEEN:
1.
The order of the Inter-American Court of Human Rights (hereinafter “the
Court” or “the Inter-American Court”) of February 5, 1997, which:
[…]
2.
Call[ed] upon the Government of the Republic of Colombia:
a.
To maintain the provisional measures in favor of Sister Noemy Palencia, Islena
Rey RodrÍguez, Gonzalo Zárate, Mariela de Giraldo and her two minor daughters, Sara
and Natalia Giraldo.
b.
To take, as an essential measure of the duty to protect, effective measures to
investigate and, where appropriate, punish those responsible for the acts.
[…]
2.
The order of the Inter-American Court of June 19, 1998, in which it was
decided:
1.
To lift the provisional measures ordered by the Court in its order of February 5, 1997, in
favor of Gonzalo Zárate and to consider them to be at an end.
2.
To require the State of Colombia to adopt all such measures as may be necessary to
protect the life and personal safety of Sister Noemy Palencia upon her return to El Meta.
3.
To maintain the provisional measures in favor of Islena Rey Rodriguez, Mariela de
Giraldo and her two minor daughters, Sara and Natalia Giraldo.
4.
That, as an essential part of its duty to protect, the State must take effective measures
to investigate and, where appropriate, punish those responsible for the acts that gave rise to the
adoption of the provisional measures.
[…]
3.
The eleventh and twelfth reports of the State of Colombia (hereinafter “the
State”) of August 19 and October 20, 1998, respectively, in which it stated that the
only beneficiary who had accepted protection was Islena Rey; however, she ignores
the suggestions and recommendations of her personal escort. Furthermore, with
regard to Mariela de Giraldo and her daughters, Sara and Natalia Giraldo, the State
indicated that they had not accepted protection and that it was surprised that