officials or their acquiescence, and c) refusal to acknowledge the deprivation of liberty and disclose the
fate and whereabouts of the person. 106 These elements have also been identified in the Inter-American
Convention on the Forced Disappearance of Persons; 107 the Rome Statute; 108 the definitions of the
Working Group on Enforced or Involuntary Disappearances; 109 the case law of the European Court of
Human Rights; 110 and the decisions of various international bodies. 111 Moreover, this Court has discussed
cases of forced disappearance in Colombia on different occasions. 112
72.
Specifically, this Court has established that because deployed military members are in a situation
analogous to a deprivation of liberty, the standards set in the case law with respect to deprivation of
liberty apply to them. 113 The Court has established that the State is the guarantor and custodian of
military service members because the latter have their rights and liberties restricted or limited. 114 Thus,
with respect to deployed active duty members of the armed forces, the State has the duty to (i) safeguard
the health and wellbeing of the active duty members; (ii) ensure that the training practices and methods
do not cause more suffering than is necessary and inherent to that work; and (iii) provide satisfactory
and credible explanations for any health problems the military members may have while in service.
Accordingly, this Court has held that the State shall be considered responsible for any harm to personal
integrity suffered by an individual who has been under the authority and control of state officials, as is
the case in military service. 115
73.
The Court finds in this case that by acknowledging its responsibility, the State accepted the facts
as described in the Merits Report (supra paras. 16, 25, and 31), which stated that government officials
were involved in the disappearance of Mr. Tabares Toro on December 28, 1997, while he was encamped
with the “Tigre” Company of Anti-guerrilla Battalion 20 of the National Army, near the Municipality of San
Juanito, Meta.
74.
The Court confirms that at the time of the events, Mr. Tabares Toro was a soldier in the “Tigre”
Company of Anti-guerrilla Battalion 20 of the National Army of Colombia. The arguments of the parties
and the Commission indicate that Óscar lván Tabares was under the authority of the State, as he was
subject to the army’s control and discipline. In this context, and in view of the State’s acknowledgment
of responsibility, the Court holds that the State was in the role of a guarantor with respect to Mr. Tabares
Toro and that those involved in his forced disappearance were government officials. Moreover, the State
still has not provided satisfactory information on his whereabouts.
75.
All of the above entails a violation of Article I(a) of the Inter-American Convention on the Forced
Disappearance of Persons, according to which “[t]he States Parties to this Convention undertake: Not to
practice, permit, or tolerate the forced disappearance of persons [...].”
106
Cf. Case of Gómez Palomino v. Peru. Merits, reparations, and costs. Judgment of November 22, 2005. Series
C No. 136, para. 97, and Case of Flores Bedregal et al. v. Bolivia, supra, para. 75.
107
Cf. Inter-American Convention on the Forced Disappearance of Persons. Article II.
108
Cf. Rome Statute. Article 7(1)(i).
109
Cf. Human Rights Council. Report of the Working Group on Enforced and Involuntary Disappearances. Best
practices on enforced disappearances in domestic criminal legislation A/HRC/16/48/Add.3, December 28, 2010, paras.
21–32.
110
Cf. ECHR, Cyprus v. Turkey [GC], No. 25781/94, Judgment of May 10, 2001, paras. 132–134 and 147–148,
and ECHR, Varnava et al. v. Turkey [GC], Nos. 16064/90, 16065/90, 16066/90, 16068/90, 16069/90, 16070/90,
16071/90, 16072/90 y 16073/90, January 10, 2008, paras. 184–186.
111
Cf. Human Rights Committee, Nydia Erika Bautista de Arellana vs. Colombia (Communication No. 563/1993),
UN. Doc. CCPR/C/55/D/563/1993, November 13, 1995, paras. 8(3) to 8(6), and Human Rights Committee, Messaouda
Grioua and Mohamed Grioua v. Algeria (Communication No. 1327/2004), UN Doc. CCPR/C/90/D/1327/2004, July 10,
2007, para. 7(2), 7(5)–7(9).
112
Cf. Case of Caballero Delgado and Santana v. Colombia. Reparations and costs. Judgment of January 29,
1997. Series C No. 31, and Case of the Members and Militants of the Patriotic Union v. Colombia. Preliminary
objections, merits, reparations, and costs. Judgment of July 27, 2022. Series C No. 455.
113
Cf. Case of Quispialaya Vilcapoma v. Peru, Preliminary objections, merits, reparations, and costs. Judgment
of November 23, 2015. Series No. 338, para. 123.
114
Cf. Case of Quispialaya Vilcapoma v. Peru, supra, para. 119.
115
Cf. Case of Quispialaya Vilcapoma v. Peru, supra, para. 124, and Case of Ortiz Hernández et al. v. Venezuela.
Merits, reparations, and costs. Judgment of August 22, 2017. Series C No. 338, para. 107.
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