parties, to order its publication, and to include it in its Annual Report to
the General Assembly of the OAS.
II.
PROCESSING BEFORE THE COMMISSION
4.
The IACHR recorded the petition under number 12.335, and
after a preliminary analysis, on October 31, 2000 it proceeded to
forward a copy of the pertinent parts to the State, which was given 90
days to submit information, in keeping with Article 34(3) of the
Regulations then in force. The State submitted its observations on
January 31, 2001, and they were transmitted to the petitioners for their
observations. The IACHR received the petitioners’ observations on March
12, 2001, which were forwarded to the State, which was given one
month to submit observations. In response, the State requested a 30day extension to submit its observations, which was granted by the
IACHR. On May 18, 2001, the State requested a new 30-day extension
to submit its observations, which was granted by the IACHR. On June 7,
2001, the State submitted its observations.
5.
On April 3, 2009, the Commission, in keeping with Article
30(5) of its Rules of Procedure, asked the State and the petitioners to
submit up-to-date information on the matter. In response, the State and
the petitioners requested 30-day extensions to submit their
observations, which were granted by the IACHR. On June 10, 2009, the
State submitted its brief of observations, and on June 26, 2009, the
attachments to its brief. The petitioners submitted updated information
on July 3, 2009, which was forwarded to the State. On July 30, 2009,
the State submitted a brief with final observations.
III.
A.
THE PARTIES’ POSITIONS
The petitioners
6.
The petitioners indicate that on August 11, 1996, during the
morning hours, merchant Gustavo Giraldo Villamizar Durán was
travelling by motorcycle along the highway that leads from the rural
district of Puerto Contreras to Saravena, municipality of Saravena,
department of Arauca. They note that along the way, Gustavo Giraldo
Villamizar had recognized María Orfa, to whom he gave a ride for a few
minutes until his motorcycle broke down, and that he had to continue
along his way pushing it. They allege that at approximately 12:30 p.m.
members of the National Army from the Lince 6 Counter-guerrilla patrol
under the “Gabriel Reveíz Pizarro” Mechanized Cavalry Group, who were
2