23 115. During the precautionary measures proceedings MC 70/99, the State reported about its compliance and the humanitarian assistance provided to the displaced and the petitioners reported about the humanitarian situation and security of the beneficiaries. The petitioners also provided information to 53 the IACHR regarding the murder of: Juan Elio Mena Córdoba (December 26, 1997), Luis Onofre Quintero, Margarito Valoy, Tomás Torres, Licinio Ramos, Boncha Navarro, Candelario Quintana, Jezny Hurtado, José Luis Osorio (September 10, 1998), John Jairo Murillo (January 5, 1999), Rafael Antonio Muñoz (January 1999), Pedro Polo Martínez (February 13, 1999), Miguel Domicó (February 17, 1999), Otoniel Bautista Mantilla (March 22, 2000), Ricardo Antonio Goes Restrepo (March 22, 2000), Antonio Hinestroza Mosquera (March 24, 2000) Alcides Rivero, Víctor Cuesta Mosquera (August 13, 2003), José Luis Osorio, Rafael Antonio Muñoz, Pedro Polo Martínez, Miguel Domicó, Otoniel Bautista Mantilla, Ricardo Antonio Goes Restrepo, Antonio Hinestroza Mosquera and Carlos Alberto Martínez. 116. In the precautionary measures proceedings MC 70/99, the petitioners provided information to the IACHR as to those disappeared: Avisail Chaverra, Manuel Cuesta Palacios, Rogelio Mosquera (December 31, 1997), Wilson Salazar Martínez, Hernán Vergara (aged 14) (January of 54 55 1999) , Juan Villegas Arguello (January 17, 1999) and Manuel Márquez (on April 5, 1999). 117. For its part, the IACHR observed in its Third Report on the Situation of Human Rights in Colombia (hereinafter “Third Report”), 1999, that a large number of Afro-Colombians lived in some of the most war-torn areas of the national territory and it was correct to say in general that fear and violence used by all of Colombia's warring forces have particularly affected Colombians living in conditions of 56 extreme poverty, of which a disproportionate number were Afro-descendants. 118. On January 22, 2004, the Constitutional Court issued Judgment T-025 in which it ruled 57 58 that the alarming situation of more than three million individuals displaced by violence in Colombia constituted an "unconstitutional state of affairs". It established that there was a massive and ongoing violation of the human rights of the displaced population and that the structural failures in the State's 59 policies were a contributory and pivotal factor. The Court issued orders that included both the State and civil society in the development and application of programs to confront the humanitarian crisis of displacement and to establish procedures to implement its judgment through the design of policies and 60 the holding of periodic public hearings. The Court pronounced on the creation of an action plan to overcome the unconstitutional state of affairs in the light of the lack of public policies towards 53 Annexes 16, 17, 18 and 19. Briefs of the petitioners in the precautionary measures MC 70-99 received on April 29 1999, May 9, 2001, March 1, 2003 and May 31, 2004. 54 On January 29, 1999, the child Hernán Vergara (aged 14), and Rafael Antonio Muñoz, both displaced and settled in Bocas del Atrato, left to go fishing for three days to the Bahía Margarita. On February 5, 1999, their families and members of the Public Prosecutor’s Office found in Bahía Margarita their boat without a motor, nets or equipment. Between February 11, and 12, 1999, the headless body of Rafael Antonio Muñoz was found without legs, with his hand bound, in the place known as “Leoncito” and the whereabouts of Hernán Vergara are still unknown. Annex 16. Petitioners’ brief in the proceedings MC 70-99, received on April 29, 1999. 55 Annex 16. Petitioners’ brief in the proceedings MC 70-99, received on April 29, 1999. 56 Annex 15. IACHR. Third Report on the Situation of Human Rights in Colombia, Ch. XI: The Rights of Black Communities. OEA/Ser.L/V/II.102 Doc. 9 rev. 1, February 26, 1999, para. 26. At: http://www.cidh.org/countryrep/Colom99en/table%20of%20contents.htm. 57 Second highest number of displaced persons in the world after Sudan. See Annex 20. UN High Commissioner for Refugees (ACNUR), 2009. 2008 Global Trends, Asylum- Seekers, Returnees, Internally Displaced and Stateless Persons. in: http//www.unhcr.org/4a374c426.html. 58 This judgment collected 108 case files, corresponding to the same number of tuela actions lodged by 1,150 families, all belonging to the displaced population. Annex 21. Constitutional Court of Colombia. Judgment T-025-2004 of January 22, 2004. At: http://www.corteconstitucional.gov.co/relatoria/Autos/2008/A092-08.htm. 59 Constitutional Court of Colombia. Judgment T-025-2004 of January 22, 2004. 60 Constitutional Court of Colombia. Judgment T-025-2004 of January 22, 2004.

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