ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF AUGUST 30, 2010
PROVISIONAL MEASURES REGARDING COLOMBIA
MATTER OF THE PEACE COMMUNITY OF SAN JOSÉ DE APARTADÓ
HAVING SEEN:
1.
The Orders of the Inter-American Court of Human Rights (hereinafter “the InterAmerican Court,” “the Court,” or “the Tribunal”) of November 24, 2000; June 18, 2002;
November 17, 2004; March 15, 2005; February 2, 2006; and February 6, 2008. In this last
Order the Court resolved, inter alia:
1.
To reiterate that the State must maintain the measures it has adopted and
immediately establish any which may be necessary for the effective protection of
the life and personal integrity of all of the members of the Peace Community of
San José de Apartadó, in conformity with Considerations 11 and 18 to 20 [of] the
[…] Order.
2.
To require that the State report on the investigat[ions] of the events which
motivated the adoption of these provisional measures, in conformity with
Considerations 18 and 19 [of] the […] Order.
3.
To reiterate that the State must carry out all efforts to provide for the
participation of the beneficiaries of these measures, or their representatives, in
the planning and implementation of the protective measures; and that, in
general, the State report on the advancement of the measures ordered by the
Inter-American Court of Human Rights, in conformity with Considerations 23 and
24 of the […] Resolution.
4.
Authorize the Presidency of the Inter-American Court to convoke a
hearing, at an opportune time, with the State, the Inter-American
Commission on Human Rights, and the representatives of the beneficiaries
of the provisional measures, for the purpose of supervising the
implementation of the provisional measures.
[…]
2.
The briefs dated on June 2, 2008, July 17 and December 4, 2009, and March 5,
2010, by which the Republic of Colombia (hereinafter “the State” or “Colombia”) reported
on the implementation of the present provisional measures ordered by the Tribunal (supra
Having Seen 1), as well as the briefs dated November 17, 2009, by which the State referred
to actions undertaken to make effective the implementation of protective measures in favor
of Mr. Eduar Lanchero.
3.
The briefs dated July 2, 2008, April 17 and September 20, 2009, and January 11 and
April 24, 2010, in which the representative of the beneficiaries of the provisional measures
(hereinafter “the representative”) presented his observations regarding the State’s reports
(supra Having Seen 2); as well as the briefs of April 14 and November 13, 2008, and
November 9, 2009, in which the representative petitioned the Court for, inter alia, “an
urgent” and “extraordinary intervention” before the State in order to “save the life of