HAVING SEEN:

1.       The Order of the President of the Inter-American Court of Human Rights (hereinafter “the President”) of July 22, 1997, in which he decided:

1.             To require the Republic of Colombia, in strict compliance with the obligation to respect and guarantee human rights which undertook in accordance with Article 1(1) of the American Convention on Human Rights, to adopt without delay such measures as are necessary to protect the life and integrity of José Daniel Alvarez, Nidia Linores Ascanio, Gladys López, Yanette Bautista, María Helena Saldarriaga, Piedad Martín, María Eugenia López, Adriana Diosa, Astrid Manrique, Faride Ascanio, Carmen Barrera, Evidalia Chacón, José Publio Bautista, Nelly María Ascanio, Ayda Mile Ascanio, and Miriam Rosas Ascanio in order to prevent irreparable damage to them.

2.             To require that the Republic of Colombia, as soon as Mr. Erik Antonio Arellano Bautista returns to its territory, adopt such measures as are necessary to protect his life and physical integrity in order to prevent irreparable damage to him.

3.             To require that the Republic of Colombia investigate the denounced facts and punish those responsible for them, particularly with regard to the attack of June 24, 1997, on the Association’s offices in the city of Medellín.

4.             To require that the Republic of Colombia adopt without delay such measures as are necessary to ensure that all the offices of the Association of Relatives of Detainees and Disappeared Persons of Colombia may discharge its functions without danger to the lives or physical integrity of the persons working there, especially the Association’s offices in the cities of Medellín and Ocaña.

5.             To require that the Republic of Colombia submit a first report on the measures adopted within 15 days of notification of this Order and that the Inter-American Commission on Human Rights submit its observations on that report within a period of one month from the date of its receipt.

6.             To require that the Republic of Colombia, from the date of presentation of its first report, continue to submit every two months its report on the provisional measures taken and that the Inter-American Commission on Human Rights submit its comments on those reports within 45 days of the date of their receipt.

7.             To present this Order for the consideration of the Court at its next session to determine the appropriate course of action and so that it can convene the parties, 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.

2.       The Order of the President of the Court of August 14, 1997, in which he decided:

1.             To require 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 Alvarez.

2.             To require that the State of Colombia investigate the facts denounced by the Inter-American Commission on Human Rights and punish those responsible.

3.             To submit this Order for the consideration of the Court during its next session, in order to determine what, if any, action is appropriate.

4.             To submit the first report of the Sate and the Commission’s briefs 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.

3.       The Order of the Court of November 11, 1997, in which it decided:

1.             To ratify the orders of the President of the Inter-American Court of July 22 and August 14, 1997.

2.             To require the State of Colombia to maintain the necessary measures for a period of six months from the date of this Order so as to protect the lives and physical integrity of José Daniel Alvarez, Nidia Linores Ascanio, Gladys López, Yanette Bautista, María Helena Saldarriaga, Piedad Martín, María Eugenia López, Adriana Diosa, Astrid Manrique, Faride Ascanio, Carmen Barrera, Evidalia Chacón, José Publio Bautista, Nelly María Ascanio, Ayda Mile Ascanio, Miriam Rosas Ascanio, and Javier Alvarez and to avoid irreparable damage to them.  One the term has expired, the Court shall assess the situation of the protected persons.

3.             To require that the State of Colombia adopt such as may be necessary to protect the life and physical integrity of Mr. Erik Antonio Arellano Bautista as soon as he returns to its territory.

4.             To require that the State of Colombia investigate the events denounced and punish those responsible for them, especially with regard to the attack of June 24, 1997, on the offices of the Association of Relatives of Detained and Disappeared Persons of Colombia (ASFADDES) in the city of Medellín.

5.             To require that the State of Colombia maintain the measures necessary to ensure that all the offices of the Association of Relatives of Detained and Disappeared Person of Colombia (ASFADDES) can discharge its duties without danger to the lives and physical integrity of the persons working there, especially at the Association’s offices in the cities of Medellín and Ocaña.

6.             To require that the State of Colombia continue to report every two months on the measures it has taken to comply with this Order.

7.             To require that the Inter-American Commission on Human Rights submit its comments on that information to the Court at least six weeks from the date of its receipt.

4.       The brief of the Inter-American Commission on Human Rights of December 17, 1997, submitted to the Inter-American Court of Human Rights on December 22, 1997, in which it request that the provisional measures adopted in this case be amplified to protect Ms. María Eugenia Cárdenas, a member of the Association of Relatives of Detained and Disappeared Persons of Colombia, and her family.  According to the Commission, Mrs. Cárdenas “has been subjected to threats and harassment in recent months”.  Her first cousin, José María Cárdenas, was abducted in the Department of Caldas by two armed men wearing Army uniforms.  On the following day, December 3, 1997, he was found dead with his body severely mutilated.

5.       The Order of the President of the Court of December 22, 1997, in which he decided:

1.             To require the State of Colombia to amplify the urgent measures adopted in this case in order to protect the right to life and physical safety of Ms. María Eugenia Cárdenas and her relatives.

2.             To require the State of Colombia to investigate and punish those responsible for the acts denounced by the Inter-American Commission on Human Rights in its brief of December 17, 1997.

3.             To submit the present Order to the Court for its consideration during its next regular session, in order to determine what, if any, action is appropriate.

4.             To request the State of Colombia to include, for the Court’s information, the measures taken in compliance with the present Order in the reports it is required to submit every two months, pursuant to the Order of November 11, 1997.

CONSIDERING:

1.       That Colombia is a State Party to the American Convention, Article 1(1) of which stipulates the duty of States Parties to respect the rights and freedoms recognized therein and to ensure to al persons subject to their jurisdiction the free and full exercise of those rights and freedoms, and that the State recognized the jurisdiction of this Court on June 21, 1985, pursuant to Article 62 of the Convention.

2.       That Article 63(2) of the Convention provides that:

[I]n cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has under consideration.  With respect to a case not yet submitted to the Court, it may act at the request of the Commission.

3.       That the Court has examined the events and circumstances that formed the basis of the Order of the President of December 22, 1997, which it upholds, deeming it to be in conformity with the law and the representations made in the proceedings.

4.       That Colombia has informed the Court of the measures it has taken to protect José Daniel Alvarez, Nidia Linores Ascanio, Gladys López, Yanette Bautista, María Helena Saldarriaga, Piedad Martín, María Eugenia López, Adriana Diosa, Astrid Manrique, Faride Ascanio, Carmen Barrera, Evidalia Chacón, José Publio Bautista, Nelly María Ascanio, Ayda Mile-Ascanio, Miriam Rosas-Ascanio, Erik Antonio Arellano-Bautista, and Javier Alvarez, pursuant to the Order of November 11, 1997 (supra, para. 3).

5.       That despite the State’s efforts to meet the petiotioners’ needs, the provisional measures must be maintained in accordance with the Order of November 11, 1997, as said petitioners are still at risk.

6.       That this Court deems that the situation of Mrs. María Eugenia Cárdenas and her family justifies the amplification of the provisional measures to include them.  Hence, Colombia has the duty to maintain the measures ordered by the President to protect the lives and personal safety of those persons whose rights might be jeopardized; and in her case to investigate the events denounced and, if possible, to punish those responsible.  The present obligation to investigate, like the obligation to prevent and punish, must be assumed by the State as a juridical duty and not as a mere formality.

7.  That in order to ensure effective protection for Ms. María Eugenia Cárdenas’s relatives, the Commission should determine their identities.

NOW, THEREFORE,

THE INTER-AMERICAN COURT OF HUMAN RIGHTS,

in exercise of the powers conferred on it by Article 63(2) of the American Convention on Human Rights and Articles 25(1) and 25(2) of its Rules of Procedure,

RESOLVES:

1.       To ratify the Order of the President of the Inter-American Court of December 22, 1997.

2.       To require the State of Colombia to maintain the provisional measures to protect the lives and physical integrity of José Daniel Alvarez, Nidia Linores Ascanio, Gladys López, Yanette Bautista, María Helena Saldarriaga, Piedad Martín, María Eugenia López, Adriana Diosa, Astrid Manrique, Faride Ascanio, Carmen Barrera, Evidalia Chacón, José Publio Bautista, Nelly María Ascanio, Ayda Mile-Ascanio, Miriam Rosas-Ascanio, Javier Alvarez, María Eugenia Cárdenas and her family, so as to avoid irreparable damage to them.  When the timeframes established in the Order of November 11, 1997 had elapsed, the Court will evaluate the circumstances of the protected persons.

3.       To require the Inter-American Commission on Human Rights to present to the Court, within fifteen days of notification of this Order, a list of Ms. María Eugenia Cárdenas’s relatives in favor of whom the State of Colombia must adopt protective measures in accordance with the terms of the second operative paragraph of this Order.  That list must be transmitted without delay to the State of Colombia.

4.       To require the State of Colombia to take such measures as may be necessary to protect the life and physical integrity of Mr. Erik Antonio Arellano-Bautista as soon as he returns to its territory.

5.       To require that the State of Colombia investigate the acts denounced and punish those responsible for them.

6,       To require that the State of Colombia maintain the measures necessary to ensure that all the offices of the Association of Relatives of Detained and Disappeared Persons of Colombia (ASFADDES) can discharge their duties without danger to the lives and physical safety of the persons working there, especially at the Association’s offices in the cities of Medellín and Ocaña.

7.       To require the State of Colombia to continue to report every two months on the measures it has taken to comply with this Order.

8.  To require that the Inter-American Commission on Human Rights submit its comments on that information to the Court within six weeks from the date of its receipt.