17
the effective investigation of the events which prompted the adoption of the present
provisional measures. To this effect, the State shall submit two reports, one on April 2,
2007, and the other on July 1, 2007. Accordingly, the Inter-American Commission and the
beneficiaries or their representatives will have a period of six and four weeks, respectively,
measured from the date of receipt of said State reports, to present the observations they
deem pertinent. On the basis of such reports and observations, the Court will evaluate the
appropriateness of lifting or extending the provisional mesarures, in accordance with the
criteria established in Article 63(2) of the Convention.
13.
The Court has previously ordered the protection of a group of individuals that have
not been identified by name, although they are in fact identifiable and determinable, and
they are indeed in a situation of grave danger due to their membership as part of a
community.6 In the present case, the Court has found that the Kankuamo indigenous
community is composed of approximately 6,000 members who can be individually identified
as living in organized communities, located geographically on the southeastern slopes of the
Sierra Nevada de Santa Marta mountains, divided among the departments of Magdalena,
Guajira, and Cesar, and whose population centers include Atánquez, Chemesquemena,
Guatapurí, Las Flores, Pontón, Mojado, Ramalito, Rancho de la Goya, Los Háticos, La Mina,
Murillo and Rioseco. The Court further finds that, because these communities form part of
the Kankuamo indigenous community, they are all in a situation of equal risk of being
victims of acts of aggression against their lives, personal integrity, personal liberty, as well
as the risk of being forcefully displaced from their territory.7
14.
It is indispensable that these provisional measures be maintained in full force and
continue to operate until the Tribunal orders them lifted and notifies the State to this
effect.8
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in accordance with the authority vested in the Court by Article 63(2) of the American
Convention and Articles 25 and 29 of its Rules of Procedure,
RESOLVES:
6
Cf., inter alia, Matter of The Communities of Jiguamiandó and Curbaradó. Provisional Measures, supra
note 1, Eighth Considering; Matter of the Peace Community of San José de Apartadó. Provisional Measures. Order
of the Inter-American Court of Human Right of February 2, 2006, Eighth Considering; and Matter of Children
Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM. Provisional Measures. Order of the Inter-American
Court of Human Rights of November 30, 2005, Sixth Considering. Furthermore, cf. The Mayagna (Sumo) Awas
Tingni Community Case. Judgment of August 31, 2001. Series C No. 79, pars. 148, 149 and 153.
7
Cf. Matter of The Communities of Jiguamiandó and Curbaradó. Provisional Measures, supra note 1, Ninth
Considering; Matter of the Peace Community of San José de Apartadó. Provisional Measures, supra note 6, Eighth
Considering; and Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM. Provisional
Measures, supra note 6, Sixth Considering.
8
Cf. Matter of Giraldo-Cardona. Provisional Measures, supra note 2, Twenty-first Considering; Case of
Gómez-Paquiyauri. Provisional Measures. Order of the Inter-American Court of Human Rights of September 22,
2006, Nineteenth Considering; and Matter of Marta Colomina and Liliana Velásquez. Provisional Measures. Order of
the Inter-American Court of Human Rights of July 4, 2006, Fourth Considering.
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