considers that the dispute has ceased as regards: (a) the forced disappearance of Carlos
Augusto Rodríguez Vera and Irma Franco Pineda and the consequent violation of Articles 3,
4, 5, 7 and 1(1) of the American Convention; (b) the detention and torture of Yolanda
Santodomingo Albericci and Eduardo Matson Ospino and the consequent violation of Articles
7, 5 and 1(1) of the Convention; (c) the failure to comply with the guarantee of a
reasonable time and with the obligation of due diligence, owing to certain irregularities in
the processing of the scene of the crime and the removal of corpses (supra para. 21), in
violation of Articles 8 and 25 of the Convention, in relation to Article 1(1) of this instrument,
with regard to the presumed victims of forced disappearance and also in relation to Articles
I(a), I(b) and XI of the Inter-American Convention on Forced Disappearance, to the
detriment of Carlos Augusto Rodríguez Vera and Irma Franco Pineda, and of Articles 1, 6
and 8 of the Inter-American Convention against Torture, with regard to Yolanda
Santodomingo Albericci and Eduardo Matson Ospino, and only of Article 6(3) of the InterAmerican Convention against Torture with regard to Orlando Quijano and José Vicente
Rubiano Galvis, and (d) the violation of Article 5 of the Convention, to the detriment of the
victims’ next of kin named by the State.
30. The Court also notes that the State has acknowledged the violation of other rights
(supra para. 21.b.ii, ii and iii) to the detriment of Cristina del Pilar Guarín Cortés, David
Suspes Celis, Bernardo Beltrán Hernández, Héctor Jaime Beltrán Fuentes, Gloria Stella
Lizarazo Figueroa, Luz Mary Portela León, Norma Constanza Esguerra Forero, Lucy Amparo
Oviedo Bonilla, Gloria Anzola de Lanao, Ana Rosa Castiblanco Torres and Carlos Horacio
Urán Rojas. These assertions by the State do not represent an acknowledgement of the
claims submitted by the Commission and the representatives, because they are based on a
version of the facts and an assessment of the evidence that differs from those alleged by
the Commission and the representatives. Therefore, the Court finds that the dispute
subsists in relation to the facts and violations that have been alleged to the detriment of the
said presumed victims. In the respective part of this Judgment, the Court will examine the
alleged violation of the right to freedom of conscience and religion (Article 12 of the
Convention), introduced by the State in its brief acknowledging responsibility and
subsequently adopted by the representatives.
31. Consequently, the dispute subsists with regard to the facts and claims relating to: (a)
the alleged forced disappearance of: (i) Cristina del Pilar Guarín Cortés, David Suspes Celis,
Bernardo Beltrán Hernández, Héctor Jaime Beltrán Fuentes, Gloria Stella Lizarazo Figueroa,
Luz Mary Portela León, Norma Constanza Esguerra Forero, Lucy Amparo Oviedo Bonilla,
Gloria Anzola de Lanao, Ana Rosa Castiblanco Torres and Carlos Horacio Urán Rojas, as well
as the presumed extrajudicial execution of the latter, and the consequent violations of
Articles 3, 4, 5, 7 and 1(1) of the American Convention and Articles I, III and XI of the
Inter-American Convention on Forced Disappearance, and (ii) the alleged violation of
Articles I, III and XI of the Inter-American Convention on Forced Disappearance owing to
the forced disappearance of Carlos Augusto Rodríguez Vera and Irma Franco Pineda; (b) the
alleged unlawful and arbitrary detention and torture of Orlando Quijano and José Vicente
Rubiano Galvis and the consequent violation of Articles 7, 5 and 1(1) of the Convention and
Articles 1, 6 and 8 of the Inter-American Convention against Torture; (c) the other
irregularities that have been alleged regarding the investigation of the events and the
access to justice of the presumed victims under Articles 8 and 25 of the Convention, in
relation to Article 1(1) of this instrument, Article I and III of the Inter-American Convention
on Forced Disappearance and Articles 1, 6 and 8 of the Inter-American Convention against
Torture, as well as Article 13 of the Convention as regards the alleged violation of the right
to the truth; (d) the violation of Article 5 of the Convention, to the detriment of Paola
Fernanda Guarín Muñoz and Esmeralda Cubillos Bedoya, who were not recognized as
victims by the State, as well as to the detriment of the next of kin of Orlando Quijano and
José Vicente Rubiano Galvis; (e) the presumed violations of Articles 11 and 22 of the
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