23. The petitioners have not alleged facts which would tend to show that the Patriotic Union is a "national, ethnical, racial or religious group." Instead, the petitioners have alleged that the members of the Patriotic Union have been persecuted solely because of their membership in a political group. Although political affiliation may be intertwined with national, ethnic or racial identity under certain circumstances,3 the petitioners have not alleged that such a situation exists in relation to the membership of the Patriotic Union. 24. The definition of genocide provided in the Convention does not include the persecution of political groups, although political groups were mentioned in the original resolution of the General Assembly of the United Nations leading to the preparation of the Convention on Genocide.4 The mass murders of political groups were explicitly excluded from the definition of genocide in the final Convention.5 Even in its more recent application in fora such as the Yugoslavia War Crimes Tribunal, the definition of genocide has not expanded to include persecution of political groups.6 25. The Commission concludes that the facts alleged by the petitioners set forth a situation which shares many characteristics with the occurrence of genocide and might be understood in common parlance to constitute genocide. However, the facts alleged do not tend to establish, as a matter of law, that this case falls within the current definition of genocide provided by international law. The Commission therefore shall not analyze the allegation of genocide on the merits. 26. However, the petitioners have alleged facts which tend to establish a pattern and practice of mass political killings and extreme persecution carried out against the membership of the Patriotic Union in an attempt to eliminate the party physically and as a political force. The petitioners attached to their petition a list of 1163 members of the Patriotic Union who were extrajudicially executed between 1985 and 1993. They also provided a list of 123 persons who were forcibly disappeared, a list of 43 persons who survived assassination attempts and a list of 225 persons who were threatened during that same time period. The petitioners have continued to provide lists of numerous Patriotic Union members killed each year. In the hearing held before the Commission in this case in October of 1996, the petitioners presented information indicating that one Patriotic Union activist was assassinated every two days for the period covering January to September, 1996. 27. The petitioners also attached to the original petition a decision of the Colombian Constitutional Court which referenced the "progressive elimination" of the Patriotic Union. That Court decision also notes that, "[T]he simple numbers of deaths and disappearances of [the party's] members and sympathizers between 1985 and 1992 . . . shows in an unquestionable manner the objective dimension of the political persecution carried out against the party."7 28. The petitioners also included with their petition to the Commission the Report on Cases of Homicide of Members of the Patriotic Union and Hope, Peace and Liberty Political Parties prepared by the Colombian Ombudsman for the People (the "Report of the Ombudsman").8 That report also constitutes evidence tending to establish a pattern of political persecution against the Patriotic Union. The Report of the Ombudsman verified more than 700 homicides committed against Patriotic Union members during the period between 1985 and 1992. The annex to the Report of to the Advisory Jurisdiction of the Court (article 64 American Convention on Human Rights), Advisory Opinion OC1/82 of September 24, 1982. Series A No. 1, pars. 43-44. 3 See Leo Kuper, Genocide and Mass Killings: Illusions and Reality in The Right to Life in International law (ed. B.G. Ramcharan 1985) at 118. 4 Resolution 96(I) of the General Assembly of the United Nations. 5 See Study on the Prevention and Punishment of the Crime of Genocide prepared by Mr. Nicodeme Ruhashyankiko, Special Rapporteur for the Sub-Commission on Prevention of Discrimination and Protection of Minorities, UN Doc. E/CN.4/Sub.2/416 (1978) at 21; Leo Kuper, supra 4, at 118. 6 See Secretary General's Report on Aspects of Establishing an International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia, Article 4, 32 I.L.M. 1163 (1993) (defining genocide as acts of persecution committed "with intent to destroy, in whole or in part, a national, ethnical, racial or religious group"). 7 Decision of the Constitutional Court of Colombia, Action for Protective Relief ("Tutela"), No. T-439, July 2, 1992 (decision in an action for protection brought by a member of the Patriotic Union - Luis Humberto Rolón Maldonado). 8 The Constitutional Court ordered the preparation of this report in its Decision No. T-439 of July 2, 1992. 4