2
Contreras1, Carlos Arturo Riatiga, Victor Ayala, Alirio Chaparro, Huber Pérez, Alvaro
Camargo, Rubén Pineda, Gilberto Ortíz, Reinaldo Corso Vargas, Hernán Jáuregui,
Juan Bautista, Alberto Gómez and Luis Sauza, and of Juan Montero and Ferney
Fernández2 (hereinafter “the alleged victims” or “the 19 tradesmen”) on October 18,
1987, in the municipality of Puerto Boyacá, Department of Boyacá, in the Magdalena
Medio region. The Commission also requested the Court to decide whether the State
had violated Articles 5 (Right to Humane Treatment), 8(1) (Right to a Fair Trial) and
25 (Judicial Protection) of the American Convention, to the detriment of the said
alleged victims and their next of kin, and also to determine whether Colombia failed
to comply with the provisions of Article 1(1) (Obligation to Respect Rights) thereof,
with regard to the last two of the abovementioned articles. The Commission alleged
that the acts were committed by the “paramilitary” group that operated in the
municipality of Puerto Boyacá masterminded by and with the support of Colombian
Army officers.
3.
The Commission also requested the Court to order the State to adopt all
necessary measures to ensure that the next of kin of the alleged victims received
adequate and prompt reparation as a result of the alleged violations, including a
complete, impartial and objective investigation in the ordinary jurisdiction, in order
to prosecute and punish those responsible for the extrajudicial execution of the
alleged victims. Lastly, the Commission requested the Court to condemn the State
to pay the costs and expenses arising from processing the case in the domestic
jurisdiction and before the Inter-American System.
II
COMPETENCE
4.
Colombia has been a State Party to the American Convention since July 31,
1973, and accepted the contentious jurisdiction of the Court on June 21, 1985.
Therefore, the Court is competent to hear this case under the terms of Articles 62
and 63(1) of the Convention.
III
PROCEEDING BEFORE THE COMMISSION
5.
On March 6, 1996, the Colombian Jurists Commission filed a petition before
the Inter-American Commission based on the alleged forced disappearance of the 19
tradesmen (supra para. 2) carried out by members of the National Army and
members of a “paramilitary” group in the municipality of Puerto Boyacá, Department
of Boyacá, in the Magdalena Medio region.
6.
On March 29, 1996, the Commission opened case No. 11,603.
1
In its application brief the Inter-American Commission indicated that the last names of this
alleged victim were Flórez Ochoa. However, subsequently, according to the documentary evidence on
possible reparations and costs, the Secretariat requested the Commission to clarify the correct last names
of this alleged victim; and the Commission rectified and stated that the correct last names were Flórez
Contreras.
2
The names of the 19 alleged victims were incomplete in the application, so hereafter the Court
will use their complete name, as it appears in the information included in the body of evidence of the case.