2
6.
This case goes beyond in a pertinent direction, and a clear protective criterion
is established that reasonably extends the subjective scope of the provisional
measures, with evident recognition of what is implied, in vast sense, by the
protective measure. Indeed, it is admitted, since the measures may amount to a
plurality of people although there are not previously identified, that are placed,
potentially, in a situation of being victims of actions of the authority or people related
to it one way or another.
7.
In this sense, it has been established under the seventh considering clause of
the Decision which this Concurrent Opinion relates to, that the Community of Paz de
San José de Apartadó, in Colombia, formed by “approximately 1200 people,
constitutes an organized community, located in a specific geographic place, whose
members may be identified and individualized, and that, therefore, for the fact of
being a part of said community, all of its members are in a situation of similar risk of
suffering act of aggression against their personal integrity and their lives.”
8.
Therefore, belonging to the group of beneficiaries of the measures who may
be victimized does not occur from the precise knowledge and statement of each of
the individuals, in a nominal way, but under objective criteria—attentive to belonging
bonds and the risks that have been warned—that would allow to individualize the
beneficiaries at the time of executing the measures. Finally, this is about embracing
the danger under which are the members of the community, not only some of the
individuals, as it generally happens. On the other hand, it is precise to take into
account that under the circumstances of this case, and which may characterize
others, the beneficiaries that may be victimized choose not to provide their names,
before the real risk that said identification may expose them, even more, to the
irreparable harm that it is intended to prevent.
9.
Besides the considerations derived from the progressive interpretation of
Article 63(2) of the Convention, it is worth citing, in any case, the extensive duty
that a State has—and that justifies the actions of the authorities and the
expectations of the individuals—of respecting the rights and freedoms recognized in
the Convention and “to guarantee its free and full exercise of every person who is
subject to its jurisdiction (Article 1(1)), as well as to adopt “the legislative measures
or of measures of any other nature that may be necessary to make said rights and
freedoms effective” (Article 2).
Alirio Abreu-Burelli
Sergio García-Ramírez
Manuel E. Ventura-Robles
Secretary