the ELN and had allegedly been killed in combat on a radio station of the
National Army.
42.
The Commission does not find admissible the aspect of the
claim alleging a violation of the right to humane treatment established
at Article 5 of the American Convention in connection with Article 1(1) of
that treaty.
V.
CONCLUSIONS
43.
The Commission concludes that it is competent to
examine the claims presented by the petitioners on the alleged violation
of Articles 4(1), 8(1), 11, and 25 in keeping with Article 1(1) of the
American Convention, in relation to the death of Gustavo Giraldo
Villamizar Durán and the judicial clarification of the facts surrounding his
death, and that these are admissible, in keeping with the requirements
established at Articles 46 and 47 of the American Convention. In
addition, it concludes that the alleged violation of Article 5 of the
American Convention is not admissible.
44.
Based on the arguments of fact and law set forth above,
and without this constituting any prejudgment of the merits,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1.
To find this claim admissible in relation to Articles
4(1), 8(1), 11, and 25 in conjunction with Article 1(1) of the
Convention.
2.
this decision.
3.
To notify the Colombian State and the petitioners of
To continue with the analysis on the merits.
4.
To publish this decision and include it in its report to
the Annual Report of the General Assembly of the OAS.
Done and signed in the city of Washington, D.C., on the 29th day of
the month of October 2009. (Signed): Luz Patricia Mejía, President;
Víctor E. Abramovich, First Vice-president; Felipe González, Second Vicepresident; Paulo Sérgio Pinheiro, and Paolo G. Carozza, members of the
Commission.
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