ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS∗
OF DECEMBER 1, 2003
PROVISIONAL MEASURES
IN THE MATTER OF THE REPUBLIC OF COLOMBIA
CLEMENTE TEHERÁN ET AL. CASE
(ZENÚ INDIGENOUS COMMUNITY)
HAVING SEEN:
1.
The June 19, 1998 Order of the Inter-American Court of Human Rights
(hereinafter “the Court”) in which it decided:
1.
To ratify the Order of the President of the Inter-American Court of Human
Rights of March 23, 1998.
2.
To call upon the State of Colombia to maintain the measures necessary for
protecting the lives and personal safety of Rosember Clemente-Teherán, Armando
Mercado, Nilson Zurita, Edilberto Gaspar-Rosario, Dorancel Ortiz, Leovigildo Castillo,
Santiago Méndez, Zoila Riondo, Saúl Lucas, José Guillermo Carmona, Celedonio Padilla,
Eudo Mejía-Montalvo, Marcelino Suárez-Lazaro, Fabio Antonio Guevara, José Luis
Mendoza, Misael Suárez-Estrada, Ingilberto M. Pérez, Martín Florez, Jacinto OrtizQuintero, Juan Antonio Almanza-Pacheco, José Carpio-Beltrán and Luis Felipe ÁlvarezPolo, in order to avoid irreparable damage to them, in strict conformity with the
obligation to respect and guarantee human rights, which it undertook to fufill under
Article1(1) of the American Convention on Human Rights.
3.
To call upon the State of Colombia to adopt such measures as may be
necessary to protect the life and physical safety of Mr. Nilson Zurita in order to avoid
irreparable damage to him upon his return to the San Andrés de Sotavento Zenú
indigenous community Reservation.
4.
To call upon the State of Colombia to investigate the acts denounced which
gave rise to these measures, for the purpose of obtaining effective results that would
lead to the discovery and punishment of those responsible.
5.
To call upon the State of Colombia to continue to submit its reports on the
provisional measures taken every two months, starting on the date of notification of this
Order, and upon the Inter-American Commission on Human Rights to submit its
comments on those reports within six weeks of its receipt thereof.
2.
The January 29, 1999 Order of the Court in which it decided:
1.
To require that the State of Colombia maintain the measures necessary to
protect the lives and physical safety of Rosember Clemente Teherán, Armando Mercado,
Nilson Zurita, Edilberto Gaspar Rosario, Dorancel Ortiz, Leovigildo Castillo, Santiago
Méndez, Ziola Riondo, Saul Lucas, José Guillermo Carmona, Celedonio Padilla, Eudo Mejía
Montalvo, Marcelino Suárez Lazaro, Fabio Antonio Guevara, José Luis Mendoza, Misael
Suárez Estrada, Ingilberto M. Pérez, Martín Florez, Jacinto Ortíz Quintero, Juan Antonio
Almanza Pacheco, José Carpio Beltrán, and Luis Felipe Alvarez Polo, in order to avoid
irreparable damage to them, in strict conformity with the obligation to respect and
∗
Judge Hernán Salgado Pesantes informed the Court that, for reasons of force majeure, he would
be unable to participate in the deliberation and signing of the instant Order.
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