I INTRODUCTION OF THE CASE AND CAUSE OF ACTION 1. The case submitted to the Court. On May 25, 2021, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to the jurisdiction of the Court the case of Tabares Toro et al. against the Republic of Colombia (hereinafter “the State” or “Colombia”). The Commission stated that the case concerns the international responsibility of Colombia for the forced disappearance of Óscar Iván Tabares Toro (hereinafter also “Mr. Tabares Toro,” “serviceman Tabares,” “Óscar Tabares,” “Óscar Iván,” or “the alleged victim”), as well as for the failure to investigate the facts and clarify the circumstances of his disappearance. The Commission also argued the State was responsible for violating the right to personal integrity of Mr. Tabares Toro's relatives, namely: María Elena Toro Torres (hereinafter also “María Elena Toro” or “Ms. Toro”), Óscar de Jesús Tabares, Holmar de Jesús Gallego Márquez, María Bibiancy Tabares Toro, Jhon Fredy Tabares Giraldo, Leidy Julieth Gallego Toro, and María Isabel Gallego Toro. 2. Procedure before the Commission. The procedure before the Commission was as follows: a) Petition. On November 18, 2002, the Commission received the initial petition, which was submitted by the Interdisciplinary Group for Human Rights (GIDH) and the Colombian Commission of Jurists (hereinafter “CCJ”). b) Reports on admissibility and merits. On October 13, 2005, the Commission approved Admissibility Report No. 73/05, in which it concluded that the petition was admissible. On December 6, 2019, it approved Merits Report No. 239/19 (hereinafter “Merits Report” or “Report No. 239/19”), in which it drew certain conclusions and made recommendations to the State. 3. Notification to the State. The Commission notified the State of Report No. 239/19 on February 25, 2020, giving it two months to report back on its compliance with the recommendations. After four extensions, the State requested a fifth, which the Commission did not grant. 4. Submission of the case to the Court. On May 25, 2021, the Commission 1 submitted to the Court all the facts and violations determined in the Merits Report. This Court notes with concern that over 21 years passed between the presentation of the initial petition to the Commission and the submission of the case to the Court. 5. Request of the Inter-American Commission. Based on the above, the Inter-American Commission asked this Court to declare the State internationally responsible for the violations enumerated in the Merits Report corresponding to the rights enshrined in Articles 3, 4(1), 5(1), 7(1), 8(1), and 25(1) of the American Convention, in conjunction with its Article 1(1), as well as for the failure to fulfill the obligations contained in Articles I(a) and I(b) of the Inter-American Convention on the Forced Disappearance of Persons (hereinafter also “CIDFP”). It also requested that the State be ordered to take the measures of reparation contained in that report, which are detailed below (infra chapter VIII). II PROCEEDINGS BEFORE THE COURT 6. Notification to the State and to the representatives. 2 The State and the representatives were notified of the submission of the case on July 12, 2021. 7. Brief with pleadings, motions, and evidence. On September 13, 2021, the representatives presented their brief with pleadings, motions, and evidence (hereinafter “pleadings and motions brief”), pursuant to Articles 25 and 40 of the Court’s Rules of Procedure. They agreed substantially with the The Commission named Commissioner Antonia Urrejola Noguera as its delegate, as well as Marisol Blanchard Vera, then-Assistant Executive Secretary, and Analía Banfi Vique and Jorge Humberto Meza, then-legal advisors. 2 The alleged victims are represented by the Colombian Commission of Jurists. The State named María Angélica Velandia Rivero and Susana Arango Haupt as its agents. 1 3