REPORT No. 25/15 CASE 10.737 MERITS VÍCTOR MANUEL ISAZA URIBE AND FAMILY COLOMBIA July, 21, 2015 I. SUMMARY 1. In December 1990, the Inter-American Commission on Human Rights (hereinafter “the Commission”) received a complaint submitted by the Asociación de Familiares de Detenidos Desaparecidos (ASFADDES) and the Comisión Colombiana de Juristas (hereinafter “the petitioners”) alleging violation by the Republic of Colombia (hereinafter “the State,” “the Colombian State,” or “Colombia”) of the rights to recognition of juridical personality, life, humane treatment, personal liberty, right to a fair trial, freedom of thought and expression, rights of the family and judicial protection, as established in Articles 3, 4, 5, 7, 8, 13, 17, and 25 of the American Convention on Human Rights (hereinafter the “Convention” or “American Convention”) in conjunction with Article 1(1) of that convention. The petitioners alleged the forced disappearance of Mr. Víctor Manuel Isaza Uribe since November 19, 1987, following his abduction by unknown persons with the acquiescence of State agents from the La Sierra prison in the municipality of Puerto Nare, Department of Antioquia. 2. For its part, the State alleged that the facts relating to the alleged violation of the human rights of Mr. Víctor Manuel Isaza Uribe could not be attributed to it because, although he had been in prison under State custody, it had not been established that State agents participated in any way in his disappearance. Accordingly, the State argued that one hypothesis pursued in the domestic investigation was that of an escape from prison facilitated by third parties. The State further asserted that it had complied with its duty to investigate ex officio what had happened to the alleged victim and had done so in a serious, impartial, and effective manner. It added that the absence of outcomes was due to the complexity of the case. 3. After reviewing the positions of the parties, the Inter-American Commission concluded that the State of Colombia is responsible for violating the right to juridical personality, to life, humane treatment, personal liberty, to a fair trial, to freedom of association, and to judicial protection, enshrined in Articles 3, 4, 5, 7, 8, 16, and 25 of the American Convention in conjunction with the obligations established in Article 1.1 and 2 of the same instrument, to the detriment of Mr. Víctor Manuel Isaza Uribe. The Commission also concluded that the State violated the rights to humane treatment, fair trial and judicial protection established in Articles 5, 8, and 25 of the American Convention in conjunction with the obligations established in Article 1.1 and 2 of the same instrument, to the detriment of his relatives. Finally, the Commission concluded that the Colombian State is responsible for violating the obligations established in Articles 1 (a) and 1(b) of the InterAmerican Convention on Forced Disappearance of Persons. II. PROCESSING BY THE IACHR 4. The initial petition was received in December 1990. The processing of the petition from the time it was lodged to the decision on admissibility is described in detail in Admissibility Report No. 102/11,1 issued on July 22, 2011. 5. In that report, the Commission declared itself competent to hear the petition and stated that the facts denounced therein could constitute violations of the rights established in Articles 3, 4, 5, 7, 8, 16, and 1 5, and 6. IACHR, Report No. 102/11 (admissibility), Petition 10.737, Víctor Manuel Isaza Uribe (Colombia), July 22, 2011, paragraphs 4,