Commission's allegations, but they also argued that Articles 5(1), 5(2), 11(2), 13, and 17(1) of the
American Convention had been violated, as well as the right of the alleged victim's family to the truth.
They asked that Colombia be ordered to adopt several measures of reparation.
8.
Answering brief. On December 31, 2021, the State presented to the Court its answering brief to
the submission of the case by the Commission and to the pleadings and motions brief (hereinafter
“answering brief” or “answer”), in which it denied international responsibility for the rights violations
alleged by the Commission and the representatives.
9.
Public hearing. On October 18, 2022, 3 an Order of the President called the parties and the
Commission to a public hearing on the merits and potential reparations and costs, which was held in
person at the Court’s headquarters in Costa Rica on November 8, 2022, during the 154th regular session
of the Court. 4 In that hearing, the State acknowledged its international responsibility, which will be
analyzed below (infra chapter IV).
10.
Amicus brief. This Court received one amicus brief. 5
11.
Final written arguments and observations. On December 6, 2022, the State presented its final
written arguments and annexes. On December 8, 2022, the Commission presented its final written
observations, and the representatives presented final written arguments and annexes.
12.
Provisional measures. On February 8, 2023, the Court issued an order granting provisional
measures in favor of Leidy Julieth Gallego Toro, Jhon Alber Urrego, María Bibiancy Tabares Toro, Víctor
Alonso León, María Camila Henao, and Miguel Ángel Orozco because the information provided indicates
that these individuals are at risk due to the persecution and harassment suffered by relatives of Óscar
Iván Tabares Toro.
13.
Disbursements of the Assistance Fund. On April 20, 2023, pursuant to instructions from the
President of the Court, the secretariat sent information to the State on disbursements from the Victims'
Legal Assistance Fund (hereinafter “FALV”) in this case. Pursuant to Article 5 of the Court's Rules of
Procedure on the Operations of the Fund, the State was given a deadline for submitting any observations
it deemed relevant. The State did not submit any observations before the deadline.
14.
Deliberation of the case. The Court began deliberating this judgment on May 23, 2023.
III
JURISDICTION
15.
The Inter-American Court has jurisdiction to hear this case under Article 62(3) of the American
Convention because Colombia has been a State Party to that convention since July 31, 1973, and it
accepted the contentious jurisdiction of the Court on June 21, 1985. Furthermore, on April 12, 2005, the
State deposited its instrument of ratification of the Inter-American Convention on the Forced
Disappearance of Persons, which went into effect for Colombia 30 days later, in accordance with Article
XX of the convention.
IV
ACKNOWLEDGMENT OF RESPONSIBILITY
3
Cf. Case of Tabares Toro et al. v. Colombia. Call for a hearing. October 18, 2022, Order of the President of
the
Inter-American
Court
of
Human
Rights.
Available
in
Spanish
at:
https://www.corteidh.or.cr/docs/asuntos/tabares_toro_18_10_2022.pdf
4
The following attended the hearing: a) for the Inter-American Commission: the attorneys Erick Acuña Pereda
and Karin Masel; b) for the representatives: Ana María Rodríguez Valencia, Moisés David Meza, and David Andrés
Iregui Delgado, attorneys of the Colombian Commission of Jurists; and c) for the State: Martha Lucía Zamora Ávila,
Director General of the National Agency for Legal Defense of the State, agent.
5
The brief was signed by Julian David Ortiz Guarin, Elba María Arrunátegui Giraldo, Yesica Naranjo Álvarez,
Diana Carolina Sulez Díaz, and Jhoan Steven Idrobo. It argues that the State of Colombia should be found responsible
for the forced disappearance of serviceman Óscar Iván Tabares Toro.
4