2

II.

PROCESSING WITH THE IACHR

5.
The original petition was received on February 8, 2005. The processing of the petition
from the time of its presentation to the admissibility decision is documented in detail in the admissibility
report,1 approved on November 2, 2011.
6.
On November 8, 2011, the Commission notified the parties of the report and informed
them that the petition had been registered as case number 12,841. Under Article 38(1) of the Rules of
Procedure then in force, it set a three-month time period for the petitioners to submit any additional
observations they might have regarding the merits. Likewise, in keeping with Article 48(1)(f) of the
American Convention, it made itself available to the parties with a view to reaching a friendly settlement
of the matter.
7.
The petitioners filed their observations on the merits of the case on January 12,
February 9 and November 20, 2012. Specifically, in their January 12, 2012 communication, the
petitioners declined to explore the friendly settlement avenue, “given the importance of the case and its
specifics, the human rights at issue and the position taken by the State during the inter-American
proceedings.” For its part, the State submitted observations on the merits of the case on July 12, 2012
and February 28, 2013. On July 22, 2013, the International Gay and Lesbian Human Rights Commission
filed an amicus curiae brief, which was duly forwarded to the parties.
III.

THE PARTIES’ POSITIONS

A.

The petitioners

8.
The petitioners allege that Ángel Alberto Duque and JOJG lived together permanently, in
a consensual union, for 10 years and three months until JOJG died on September 15, 2001, as the result
of Acquired Immunodeficiency Syndrome (AIDS). They contend that the alleged victim received
economic support from his partner for his personal expenses and health care. They further indicate that
by means of such support, the alleged victim was able to enroll in a Health Provider Enterprise (EPS:
Empresa Prestadora de Salud) to receive the medical treatment he required since, on August 4, 1997, he
joined the ETS-HIV/AIDS Program run by the Social Security Institute (ISS) with a diagnosis of human
immuno-deficiency virus (HIV).
9.
The petitioners indicate that JOJG was enrolled with the Compañía Colombiana
Administradora de Fondos de Pensiones y Cesantías “COLFONDOS, S.A.” (hereinafter “COLFONDOS”),
which is why, at around the time of his death, Mr. Duque filed a request with COLFONDOS on March 19,
2002 asking what requirements he had to meet to be eligible to receive the survivor’s pension, based on
the fact that he had been JOJG’s permanent partner.
10.
The petitioners maintain that on April 3, 2002, COLFONDOS responded to the request
for information and indicated that the applicant “[did] not prove beneficiary status in the terms required
by law to be eligible to receive the survivor’s pension and consequently the transaction requested
1

IACHR, Report No. 150/11 (Admissibility), Petition 123-05, Ángel Alberto Duque (Colombia), November 2, 2011,
paragraphs 4-6.

Select target paragraph3