3
7.
To present this Order for the consideration of the Court at its next session for the
pertinent effects and so that it can convene the parties, if it so deems, to a public hearing at the
seat of the Court, so that the Tribunal may hear their views on the facts and circumstances that
gave rise to the request for provisional measures and to this Order.
7.
The first report of Colombia, submitted to the Secretariat of the Court (hereinafter
“the Secretariat”) on August 7, 1997, in which it expressed its disagreement on the Urgent
Measures adopted by the President in the instant case and reported in detail on the
measures which, in its opinion, it had duly taken in response to the Inter-American
Commission's requests of September 20, 1994, and February 25, 1997. Lastly, the State
described some measures implemented to comply with the decisions of the President in his
Order of July 22, 1997, particularly a meeting with ASFADDES on July 30, 1997, to discuss
implementation of the President's decision. The State said that the members of ASFADDES
had read out a series of proposals at that meeting, and that it disagreed with some of them.
8.
The Inter-American Commission brief of August 12, 1997, in which it requested that
the Urgent Measures adopted by the President be expanded to include Mr. Javier Álvarez, a
member of ASFADDES, General Coordinator of the “Casa de Niños” Children's Center and
brother of Mr. José Daniel Álvarez Ruiz, General Coordinator of the Association. According to
the Commission, Mr. Javier Álvarez had received a number of threats which revealed the
existence of “a situation of extreme gravity and urgency, requiring the adoption of
provisional measures.” Specifically, in June 1997, he was warned to be careful since he
greatly resembled the President [sic] of ASFADDES and on August 2, 1997, three men on
scooters asked his neighbors where he was and remained watching his home. Those
persons left a threatening letter at his house addressed to “Mr. Javier Álvarez (President
[sic] ASFADDES)” in which, in brief, they informed him that he was under surveillance and
that he was given 24 hours to leave, with “[his] group”, from the area where he lived. The
Commission attached a copy of the letter to its request.
9.
The Order of the President of the Court of August 14, 1997, in which he decided:
1.
To request that the State of Colombia expand the urgent measures adopted in this case
for the purpose of guaranteeing the right to life and physical integrity of Mr. Javier Álvarez.
2.
To request that the State of Colombia investigate the facts denounced by the InterAmerican Commission on Human Rights and punish those responsible.
3.
To submit this order for the consideration of the Court during its next session for the
pertinent effects.
4.
To submit the first report of the State and the Commission's briefs from the Commission
of July 7, 1997, and August 12, 1997, for the consideration of the Court at its next session for the
pertinent effects.
5.
To request the State of Colombia to include the provisional measures taken pursuant to
this Order in the reports it will submit every two months in accordance with the order of July 22,
1997, to bring them to the attention of the Court.
Said order of the President was grounded on the consideration that
the threat letter that he received identifies him as the President of the Association and that in
June of 1997 he received a message “which stated that he had better be careful since he greatly
resembled the President (SIC) of ASFADDES and that it would be better if he left [the city of]
Montería because there could be a confusion.” This information permits this Presidency to
suppose in regards to Mr. Javier Álvarez, there exists element that constitute a situation of
extreme gravity and urgency and permits the adoption of urgent measures in order to avoid
irreparable damages.