34.
Without prejudice to what was decided by this Tribunal, the Court recalls that
Article 1.1 of the Convention embodies the general duty of States Parties to respect the
rights and liberties recognized in said treaty and to ensure to all persons subject to its
jurisdiction the free and full exercise of those rights and freedoms, under any
circumstance. Therefore, independently of the existence of specific provisional
measures19, the State is specially obligated to ensure the rights of the members of the
Kankuamo Indigenous Community.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority granted by Article 63(2) of the American Convention on Human
Rights and Article 27 of its Rules of Procedure,
DECIDES:
1.
To rescind the provisional measures ordered by the Inter-American Court of
Human Rights on July 5, 2004, which were subsequently ratified, in the case of the
members of the Kankuamo Indigenous Community.
2.
To clarify that, under the terms of article 1.1, of the American Convention, the
rescission of the provisional measures does not imply that the State is relieved of its
treaty obligations to protect.
3.
To request the Secretariat of the Inter-American Court of Human Rights to notify
this Order to the Inter-American Commission on Human Rights, the representatives of
the beneficiaries of the provisional measures and the Republic of Colombia.
4.
To file the proceeding of the instant case.
Diego García-Sayán
President
Leonardo A. Franco
Manuel E. Ventura Robles
Margarette May Macaulay
19
Rhadys Abreu Blondet
Matter of the Mendoza Prisons, supra note 13; considering clause fifty-two.
15