REPORT Nº 5/97 On Admissibility CASE 11.227 COLOMBIA* March 12, 1997 1. The petitioners in this case (REINICIAR and the Comisión Colombiana de Juristas) allege that the Republic of Colombia (the "State", the "Colombian State" or "Colombia") is responsible for violations of the human rights set forth in the American Convention on Human Rights (the "Convention" or the "American Convention") in relation to the persecution of the membership of the Patriotic Union political party. The Inter-American Commission on Human Rights (the "Commission") finds that the case is admissible. I. BACKGROUND A. Context 2. The Patriotic Union formed as a political party on May 28, 1985 as a result of peace negotiations between the Revolutionary Armed Forces of Colombia (the "FARC") and the State of Colombia presided by President Belisario Betancur Cuartas. The parties agreed, during those peace negotiations, to the establishment of the Patriotic Union as a political party which would enjoy the guarantees necessary to allow it to function to the same extent as all other political parties. The State further confirmed that it would ensure that the leadership of the FARC would be allowed to participate in political activities. 3. The Patriotic Union was not conceived as a political party in the strictest sense of the term, but more as a political alternative to the traditional power structure that would serve as a vehicle for the various manifestations of civil and popular protest. The Patriotic Union was also envisioned as the political vehicle of the FARC for possible reassimilation into civilian life. The newly-formed party received immediate support from opposition left-leaning political movements, such as the Communist Party, and quickly obtained significant electoral success in elections in 1986 and 1988. B. Allegations of the Petitioners 4. The petitioners have alleged that, since the formation of the Patriotic Union, its membership has suffered systematic persecution, manifesting itself in extrajudicial executions, disappearances, unfounded criminal prosecutions, attempted assassinations and threats. The petitioners assert that the persecution of the membership of the Patriotic Union constitutes an attempt to eliminate the party as a political force through violence and intimidation carried out against its members and leaders. The petitioners allege that the acts committed against the members of the Patriotic Union constitute genocide and the violation of the human rights protected in the Convention. 5. The petitioners argue that the State of Colombia is responsible for the human rights violations committed against the Patriotic Union on several grounds. First, they assert that State agents have been involved in crimes committed against members of the Patriotic Union. Second, they claim that the State of Colombia has not fulfilled its duty to ensure the human rights of the members of the Patriotic Union party by failing to act adequately to prevent, investigate and punish the crimes committed against the members of the Patriotic Union. C. Position of the State 6. The State has argued that the petitioners' claim regarding genocide should not be admitted for decision by this Commission. The State has sought to establish, among other theories, that the * Commissioner Alvaro Tirado Mejía, national of Colombia, did not participate in the discussion and voting on this case, in accordance to Article 19 of the Regulations of the Commission. 1