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Caballero Delgado and Santana Case, Order of the Court of January 31, 1997, Inter-Am. Ct. H.R. (Ser. E) No. 2 (1997).


 

 

 

 

HAVING SEEN:

1.             The request of the Inter-American Commission on Human Rights (hereinafter "the Commission" or "the Inter-American Commission") for provisional measures submitted to the Inter-American Court of Human Rights (hereinafter "the Court" or "the Inter-American Court") on December 6, 1994 in the matter of the Republic of Colombia (hereinafter "the Government" or  "Colombia") in the Caballero Delgado and Santana Case, on behalf of some witnesses who were "seriously threatened" for having "testified to the responsibility of agents of the Colombian State for the events" in which the instant case originated.

2.             That by virtue of the powers conferred on it by Article 63(2) of the American Convention on Human Rights and in exercise of the powers conferred on it by Article 24 of its Rules of Procedure, on December 7, 1994 the Court issued an Order in which it decided:

1.             To transmit to the Government of Colombia the request of the Commission that it adopt forthwith such measures as are necessary to protect the right to life and physical integrity of Gonzalo Arias-Alturo, Javier Páez, Guillermo Guerrero-Zambrano, Elida González-Vergel and María Nodelia Parra.

2.             To request the Government of Colombia that it report to the Court on the measures it has it has adopted in fulfillment of this resolution and that it maintain them in force as long as the situation that gave rise to them persists.

3.             The communications from the Government of December 12, 1994; March 21, June 23 and August 11, 1995; May 22 and August 22, 1996, in which it reported to the Court in detail on the provisional protection measures adopted in pursuance of the Order of the Court of December 7, 1994.

4.             The communication from the Commission of April 8, 1996, in which it reported to the Court on the situation of the provisional measures adopted by the Government.

5.             The judgments delivered by the Court on December 8, 1995, and January 29, 1997, on the merits of the case and on reparations, respectively.

CONSIDERING:

1.             That the Government has taken provisional measures in pursuance of the order of this Tribunal of December 7, 1994, which, in the opinion of this Court, have fulfilled the purpose for which they were ordered.

2.             That the instant case ended with Judgments on the merits of December 8, 1995 and on reparations of January 29, 1997, and that in any event the Court maintains jurisdiction for purposes of supervising the execution of the latter Judgment in accordance with its operative paragraph 5.

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 Article 25 of its Rules of Procedure.

DECIDES:

                To close the provisional measures adopted by the Inter-American Court of Human Rights through its order of December 7, 1994.

 

 



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