the Ombudsman contains numerous press clippings relating to specific massacres and other acts
of violence committed against members of the Patriotic Union.
29. The Report of the Ombudsman also defines more specifically some of the characteristics of
the violence carried out against the members of the Patriotic Union, tending to establish the
contours of a pattern of persecution. For example, the report concludes that the greatest
numbers of violations of human rights committed against the Patriotic Union coincide with those
areas where the Patriotic Union has achieved the greatest electoral support.9 The report also
notes that the violence against the Patriotic Union is directed particularly against members of the
party who are elected to political office.10 The Report of the Ombudsman also concludes that the
greatest violence against the members of the Patriotic Union occurred during periods of electoral
activity.11
30. The petitioners have also set forth before the Commission information tending to prove that
Colombian State agents have committed some of the acts of persecution against the party and
that the State of Colombia has tolerated the pattern and practice of political persecution against
the Patriotic Union.
31. The petitioners have never argued that there exists an affirmative policy of the Colombian
State to act in persecution and extermination of the Patriotic Union. However, the petitioners
have alleged that members of the armed forces of Colombia have committed some of the acts of
persecution carried out against the members of the Patriotic Union. The petitioners indicated, in
the lists of members of the Patriotic Union affected by the persecution which were included with
the original petition, which actors were allegedly responsible for each act of violence. In a portion
of those cases, the petitioners have alleged that members of the police and military committed
the abuses. According to the information submitted with the petition of the petitioners, Colombian
State entities also found indicia of participation by State officials in some of the cases of violence
against the Patriotic Union. Disciplinary proceedings against State officials were initiated in some
cases.12
32. The petitioners also set forth facts tending to demonstrate that the State of Colombia
tolerates these acts committed by its agents and others through its failure to adequately
investigate and sanction the crimes committed against the membership of the Patriotic Union.
The petitioners set forth in their petition that almost no sanctions had been imposed in the 1163
cases of extrajudicial execution that they list as having occurred between 1985 and 1993.
Similarly, the Report of the Ombudsman found that, in the 717 cases of extrajudicial executions
verified in the report, only 10 cases had resulted in a final decision in the criminal courts. Six of
those final decisions resulted in acquittals.13 In relation to the lack of results in the proceedings,
the Report of the Ombudsman further notes that, at the time of the preparation of the report,
over 40% of the cases had been ongoing for more than four years.14
33. The Report of the Ombudsman concluded that "the guarantees and security which would
allow [the Patriotic Union] to carry out its electoral activities, in the same manner as other
political groups, have not been granted to this political force and its leadership."15 The Report
further concluded that, "it is evident that the weight of the law has not fallen upon those persons
or authorities who have violated the fundamental rights [of the members of the Patriotic Union]
or who have failed to respect the guarantees due to them."16
34. The information provided by the petitioners also tends to establish that the State of Colombia
has tolerated the pattern of persecution carried out against the Patriotic Union by failing to act to
prevent that persecution. First, the alleged failure to properly investigate and sanction acts
9 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 [hereinafter Report of the Ombudsman] at 39.
10 Id. at 38.
11 Id. at 109-10.
12 Id. at 70.
13 Id. at 43, 70.
14 Id. at 71.
15 Id. at 43.
16 Id.
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