Grants and extensions
Resolution No. 87/18
PM 204-17 - Jani Silva, Hugo Miramar and Saúl Luna (Leaders of the Perla Amazónica Peasant Reserve Zone), Colombia
On December 3, 2018, the IACHR decided to request the adoption of precautionary measures in favor of Jani Silva, Hugo Miramar, and Saúl Luna (Leaders of the Perla Amazónica Peasant Reserve Zone), in Colombia. The request for precautionary measures filed on March 23, 2017 alleged that the rights to life and personal integrity of 800 families in the Perla Amazónica Peasant Reserve Zone, located in Puerto Asís, Putumayo, were at risk due to alleged impact of extractive operations carried out in the "Platanillo Block," which allegedly overlaps the Reserve Zone. It also requested that the rights of Jani Silva (legal representative of the Perla Amazónica-ADISPA Association for Sustainable Integral Development of the Reserve Zone), Hugo Miramar (husband of Jani Silva), and Saúl Luna (prosecutor of ADISPA of the Reserve Zone), and of the inhabitants of the communities, hamlets and/or "veredas" of the Reserve Zone, be protected against the actions of illegal armed groups in the zone. After analyzing the factual and legal allegations of the parties, in light of the specific context in which they allegedly took place, the Commission considers that Jani Silva, Hugo Miramar and Saúl Luna are, in principle, in a situation of gravity and urgency, since their rights to life and personal integrity are at risk. Consequently, in accordance with article 25 of its Rules of Procedure, the Commission requests the State of Colombia to take the necessary measures to guarantee the rights to life and personal integrity of Jani Silva, Hugo Miramar and Saúl Luna. The Commission considers it pertinent that, in addition to the security forces deepening their efforts and coordination in the protection of the beneficiaries, they ensure that the measures to be implemented are culturally appropriate, taking into account that Jani Silva and Hugo Miramar are members of the same family, as well as the importance of guaranteeing the safe presence of the leaders within the Reserve Zone, given the role they play. The IACHR requested that the State agree on the measures to be implemented with the beneficiaries and their representatives and to report on the actions taken in order to investigate the alleged facts that led to the adoption of this resolution and thus avoid its repetition.
Resolution No. 83/18
PM 283-18 - T.S.G.T., Colombia
On November 5, 2018, the IACHR decided to grant precautionary measures in favor of the child T.S.G.T., in Colombia. His identity is kept confidential in view of the Commission's practice of not revealing the identity of children and adolescents. The request filed by petitioners alleged that four-year-old T.S.G.T. suffers from the "Othara-West" and "Lennox-Gastaut" syndromes, incurable diseases with grave consequences. In particular, applicants claimed that the child is in a serious risk since the medical treatment he is receiving is not adequate. After analyzing the allegations in fact and in law, the IACHR considered that the information presented shows, prima facie, that the beneficiary is in a situation of seriousness and urgency, given that he might face an imminent and irreparable harm. Consequently, in accordance with Article 25 of the IACHR's Rules of Procedure, the Commission requested Colombia to adopt the necessary measures to safeguard the life, personal integrity and health of T.S.G.T. In particular, it considered it urgent that a medical board be immediately carried out in accordance with the indications of the beneficiary's treating physicians, and that the State guarantee access to adequate medical treatment following the assessment of the relevant experts. The IACHR also requested that the measures to be adopted be agreed with the beneficiary and his representatives.
Resolution No. 66/18
PM 175-18 - Giomar Patricia Riveros Gaitán, Colombia
On September 27, 2018, the IACHR decided to request the adoption of precautionary measures in favor of Giomar Patricia Riveros Gaitán, in Colombia. The request for precautionary measures alleges that the beneficiary, a human rights defender and a representative of the National Committee of Victims, has been receiving threats in relation to her work. After analyzing the allegations of fact and law, the IACHR considers that the information that has been put forward proves, in principle, that the beneficiary is at grave risk. Consequently, in accordance with Article 25 of the IACHR's Rules of Procedure, the Commission requested that Colombia take the necessary steps toward guaranteeing the rights to life and personal integrity of Giomar Patricia Riveros Gaitán; that it guarantee that Giomar Patricia Riveros Gaitán can continue to go about her work as a human rights defender without suffering threats, harassment, or acts of violence in the course of doing so; that it determine the measures to be implemented in consultation with the beneficiary and her representatives; and that it report on the actions it takes to investigate the allegations that led to the adoption of this precautionary measure, so as to prevent them from being repeated.
Resolution No. 53/18
PM 395-18 - Authorities and members of the Siona (ZioBain) indigenous people's reservations Gonzaya (Buenavista) and Po Piyuya (Santa Cruz de Piñuña Blanco), Colombia
On July 14, 2018, the IACHR decided to grant precautionary measures in favor of the authorities and families of the Siona (ZioBain) indigenous people’s reservations Gonzaya (Buenavista) and Po Piyuya (Santa Cruz de Piñuña Blanco), in Colombia. The request for precautionary measures alleges that the proposed beneficiaries are being subjected—in their own territory—to threats, harassment and other acts of violence by armed attackers who seek to impose their will on that of indigenous authorities and to set rules that restrict the movement of the proposed beneficiaries. Similarly, the request for precautionary measures reports the presence of anti-personnel landmines and other explosive devices in the area, as well as the recruitment of young indigenous persons. The request also mentions the risks faced by certain Siona authorities and leaders. After assessing the legal and factual allegations, the IACHR considers that the information that has been submitted shows, in principle, that beneficiaries face a situation of grave and urgent risk. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission asked Colombia to adopt any measures necessary to preserve the lives and personal integrity of Siona authorities and families in the Siona reservations Gonzaya and Po Piyuya; to adopt culturally appropriate protection measures so that they can live safely within their territory, without being subjected to threats, harassment or any other acts of violence (such measures should include, beyond the efforts of the security forces, enabling them to move safely to perform cultural or subsistence tasks, removing explosives present in their territory or disproving their existence, preventing the recruitment of young people and making it impossible, and strengthening communication mechanisms to respond to emergency situations); to adopt culturally appropriate measures to enable Siona authorities to fulfil their mandates safely and in accordance with their own rules and government system; to come to an agreement with beneficiaries and/or their representatives regarding any measures that need to be adopted, in keeping with the Siona people’s own decision-making mechanisms and self-government system; and to report on any actions adopted to investigate the alleged events that gave rise to this precautionary measure, in order to prevent them from happening again in the future.
Resolution No. 31/18
PM 739-17 - Daniel Silva Orrego, Colombia
On May 5, 2018, the IACHR moved to request the adoption of precautionary measures in favor of Daniel Silva Orrego in Colombia. The request for precautionary measures alleges that the proposed beneficiary is at risk as a result of his journalistic work, and argues that the scheme in place to protect him is ineffective and inadequate. After assessing the legal and factual allegations, the IACHR considers that the information that has been submitted shows, in principle, that the beneficiary faces a situation of grave and urgent risk. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission asked Colombia to adopt any measures necessary to preserve the beneficiary’s life and personal integrity. In particular, Colombia should ensure that protection measures in place are effective and adequate and reflect the applicable international standards; take any measures necessary for the beneficiary to be able to do his work as a journalist without being subjected to intimidation, threats and other acts of violence for doing such work; and to report on any actions taken to investigate the alleged events that gave rise to the adoption of this resolution—considering the context for their implementation—to prevent such events from happening again in the future.
Resolution No. 30/18
PM 210-17 - Leaders of the Patriotic March Political and Social Movement, Colombia
On May 5, 2018, the IACHR moved to request the adoption of precautionary measures in favor of the 389 people regarded as "leaders" of the movement known as MAPA in Colombia. The request for precautionary measures alleges that they have been subjected to threats, harassment and other acts of violence over several years, mainly by illegal armed groups who allegedly persecute them for political reasons. The request for precautionary measures further highlights the alleged murders of 156 members of MAPA between 2011 and 2018. After assessing the legal and factual allegations, the IACHR considers that the information that has been submitted shows, in principle, that beneficiaries face a situation of grave and urgent risk. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission asked Colombia to take any measures necessary to preserve beneficiaries’ lives and personal integrity; to come to an agreement with the beneficiaries and their representatives regarding any measures that need to be taken; and to report on any actions taken to investigate the alleged events that gave rise to the adoption of this precautionary measure, to prevent such events from happening again in the future.
Resolution No. 25/18
PM 309-18, 310-18 - Javier Ortega Reyes, Paúl Rivas Bravo and Efraín Segarra Abril, Colombia and Ecuador
On April 12, 2018, the IACHR moved to request the adoption of precautionary measures in favor of Javier Ortega Reyes, Paúl Rivas Bravo and Efraín Segarra Abril, in Colombia and Ecuador. The request for precautionary measures alleges that the proposed beneficiaries, members of a journalistic team, were kidnapped by a splinter group of the Revolutionary Armed Forces of Colombia (FARC, by their Spanish acronym) on March 26, 2018, in the border area between the two countries, and notes that the country where beneficiaries are currently being held remains uncertain. After assessing the legal and factual allegations, the IACHR considers that the information that has been submitted shows, in principle, that beneficiaries face a situation of grave and urgent risk. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission asked Colombia and Ecuador to take any measures necessary to preserve beneficiaries’ lives and personal integrity; to adopt any measures necessary for them to be able to do their journalistic work in the enjoyment of their freedom of expression, without being subjected to intimidation, threats and other acts of violence; and to report on any actions taken to investigate the alleged events that gave rise to the adoption of this precautionary measure.
Resolution No. 19/18
PM 400-15 - Members of the Governing Board of the Alto Mira y Frontera Community Council, Colombia
On March 11, 2018, the IACHR moved to request the adoption of precautionary measures in favor of members of the Governing Board of the Alto Mira y Frontera Community Council (CCAMF, by its Spanish acronym) in Colombia. The request for precautionary measures alleges that the proposed beneficiaries are at risk after being subjected to threats, harassment and intimidation by armed actors, based on their defense of their territory and on their voluntary substitution of illicit crops in the framework of the Peace Agreements. After assessing the legal and factual allegations, the IACHR considers that the information that has been submitted shows, in principle, that beneficiaries face a situation of grave and urgent risk. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission asked Colombia to adopt any measures necessary to preserve the lives and personal integrity of members of the Governing Board of Alto Mira y Frontera Community Council; and to adopt culturally appropriate protection measures that enable members of the CCAMF Governing Board to be able to carry out their tasks following CCAMF’s own self-government rules, without being subjected to threats, harassment or any other acts of violence. Such measures should be combined with more thorough efforts by the country’s security forces and with the adoption of more comprehensive, coordinated measures that might include: ensuring the safe presence of members of the Board within CCAMF, enabling their safe passage, and strengthening communication mechanisms to respond to emergency situations. The Commission further asked Colombia to come to an agreement with beneficiaries and their representatives regarding any measures that need to be taken, and to report on any actions adopted to investigate the alleged events that gave rise to the adoption of this precautionary measure, in order to prevent such events from happening again in the future.
Resolution No. 6/18( EXTENSION )
PM 140-14 - Afro-descendant communities and leaders in Jiguamiandó, Curvaradó, Pedeguita and Mancilla, Colombia
On February 7, 2018, the IACHR moved to extend precautionary measures in favor of the residents of the Curvaradó, Jiguamiandó, Pedeguita and Mancilla Afro-descendant communities in Colombia, including the leaders of those communities. The request for an extension alleges that the proposed beneficiaries—community leaders and the entire communities of Jiguamiandó, Curvaradó, Pedeguita and Mancilla—are at risk after being subjected to acts of violence including threats and harassment. After assessing the legal and factual allegations, the IACHR considers that the information that has been submitted shows, in principle, that beneficiaries face a situation of grave and urgent risk. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission decided to extend this precautionary measure and asked Colombia to take any measures necessary to preserve the lives and personal integrity of the people who live in the Afro-descendant communities of Curvaradó, Jiguamiandó, Pedeguita and Mancilla, including leaders Manuel Denis Blandón, Félix Alvarado, Erasmo Sierra, Benjamín Sierra, Rumualdo Salcedo, Melkín Romaña, Maria Ligia Chaverra, Argemiro Bailarín, Eustaquio Polo, Eleodoro Polo, Yomaira Gonzalez and James Ruíz; to take any measures necessary to enable beneficiaries who are leaders to do their work as human rights defenders without being subjected to threats, harassment and other acts of violence; and to come to an agreement with beneficiaries and their representatives regarding any measures that need to be taken.
Resolution No. 5/18
PM 885-17 - Luz Angela Niño Chacón, Colombia
On February 2, 2018, the IACHR moved to request the adoption of precautionary measures in favor of Luz Angela Niño Chacón in Colombia. The request for precautionary measures alleges that the proposed beneficiary, who has metastatic facial and skin cancer, is not receiving adequate medical treatment despite having court decisions in her favor, and notes that her health condition is critical. After assessing the legal and factual allegations, the IACHR considers that the information that has been submitted shows, in principle, that the beneficiary faces a situation of grave and urgent risk. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission asked Colombia to adopt any measures necessary to preserve the health, life and personal integrity of Angela Niño Chacón, by providing medical assistance suitable for her health problems, in accordance with applicable international standards; and to come to an agreement with the beneficiary and her representatives regarding any measures that need to be taken.