3
8.
The briefs of the Inter-American Commission on Human Rights (hereinafter
“the Inter-American Commission” or “the Commission”) of March 3, July 23, and
August 14, 2009 as well as March 9 and July 28, 2010 in which it submitted its
observations on the State’s and the representatives’ briefs.
CONSIDERING:
1.
Colombia is a State Party to the American Convention on Human Rights
(hereinafter, “the American Convention” or “the Convention”) since July 31, 1973,
and it acknowledged the contentious jurisdiction of the Court on June 21, 1985.
2.
Article 63(2) of the American Convention provides that: “[i]n cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,
the Court shall adopt such provisional measures as it deems pertinent in matters it
has under consideration. With regard to a case not yet submitted to the Court, it
may act at the request of the Commission.”
3.
The terms of Article 27 of the Rules of Procedure of the Court2 (hereinafter “the
Rules”):
[…]
7. The monitoring of urgent or provisional measures ordered shall be carried out through
the submission of reports by the State and the filing of observations to those reports by the
beneficiaries of the measures or their representatives. The Commission shall submit
observations to the State’s reports and to the observations of the beneficiaries of the
measures or their representatives.
[…]
4.
In order to analyze the need for keeping the present measures in place, the
Court will look to the present risk faced by the beneficiaries. In the first instance,
the situation will be described as it concerns the group (16 of the total beneficiaries)
because the Court has not received individual information on their condition. On the
other hand, regarding Viviana Barrera and her family; Sara Paola Pinzón López, Luz
Mary Pinzón, and their families; and Luiz Guillermo Pérez and his family, their risks
will be described separately because detailed and updated information on their
situations has been provided.
1)
Regarding the 16 beneficiaries of the present measures3
5.
The State declared by way of its May 3, 2010 brief that the location of the
beneficiaries is still unknown to it and that for that reason it has not been able to
2
Rules of Procedure approved by the Court during its LXXXV Regular Session held from November
16-28, 2009.
3
Carmen Johana Jaramillo Giraldo, Esther Pinzón López, María Teresa Pinzón López, Yur Mary
Herrera Contreras, Zully Herrera Contreras, Maryuri Caicedo Contreras, Nadia Marina Valencia Sanmiguel,
Yinda Adriana Valencia Sanmiguel, Johana Marina Valencia Sanmiguel, Gustavo Caicedo Contreras, Rusbel
Asdrúbal Martínez Contreras, Roland Andrés Valencia Sanmiguel, Ronald Mayiber Valencia Sanmiguel,
Nory Giraldo de Jaramillo, Marina San Miguel Duarte, and Mariela Contreras Cruz.