9
6.
That in order to make the rights enshrined in the American Convention effective,
the State Party has the obligation, erga omnes, to protect all persons under its
jurisdiction, not only in relation to the power of the State but also with respect to the
actions of private individuals, including any kind of irregular armed groups. The Court
notes that, given the special circumstances of the instant case, and the general
situation of the armed conflict in the State, it is necessary to ensure the protection, by
means of provisional measures, of all members of the Communities, in accordance with
the provisions of the American Convention and of International Humanitarian Law.3
7.
That, pursuant to Article 63(2) of the Convention, it is mandatory for the State
to adopt such provisional measures as this Court may order, insofar as the basic
principle of the Law of State Responsibility, supported by international case law,
provides that States must fulfill their treaty obligations in good faith (pacta sunt
servanda).
That this Court has, on past occasions,4 ordered the protection of a plurality of
8.
persons who have not been previously named but who can be identified and
determined and who are in grave danger because they are part of a group or
community. The Communities constituted by the Community Council of Jiguamiandó
and the families of Curbaradó, have, at the time of the request of these provisional
measures, a population of approximately 2,125 people who comprise 515 households,
and constitute an organized community, located in a specific geographic location in the
municipality of Carmen del Darién, Department of Chocó, whose members may be
identified and, because they belong to said community, they all face the same risk of
aggression against their personal integrity and life or of being forced out of their land,
which, in turn, prevents them from exploiting the natural resources necessary for
sustenance.
9.
That, given that the situation existing in the Communities of Jiguamiandó and
Curbaradó has forced its residents to move to other regions of the country, it is
necessary for the State to ensure that the beneficiaries of these measures can
continue to live in their usual residence5 and to provide the necessary conditions so
that those members of the Community who have been forced to leave may return to
their homes.
Provisional Measures. Order of the Inter-American Court of Human Rights of September 21, 2005,
Considering clause No. 5.
3
Cf., inter alia, Matter of the Peace Community of San José de Apartadó, supra note 1, Considering
clause No. 9, and Matter of the Communities of Jiguamiandó and Curbaradó, supra note 1, Considering
clause No. 8.
4
Cf., inter alia, 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 17, 2005,
Considering clause No. 6; Matter of Luisiana Ríos et al (Radio Caracas Televisión – RCTV), supra note 2,
Considering clause No. 11; and Matter of the Peace Community of San José de Apartadó, supra note 1,
Considering clause No. 7.
5
Cf., inter alia, Matter of the Communities of Jiguamiandó and Curbaradó, supra note 1, Considering
clause No. 10; Matter of the Peace Community of San José de Apartadó, supra note 1, Considering clause
No. 8, and Matter of Giraldo Cardona. Provisional Measures. Order of the Inter-American Court of Human
Rights of February 5, 1997, Considering clause No. 5.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents