committed against the Patriotic Union would also constitute a failure to effectively prevent human
rights violations against the Patriotic Union. The impunity created by failure to investigate and
sanction creates a situation in which further abuses are likely to occur. The Court has so
established in several provisional measures cases in which it ordered the implementation of
effective measures to investigate and sanction "as an essential element of the duty of
protection."17
35. The petitioners have alleged that the State has also failed to take other effective measures to
prevent the persecution of the Patriotic Union. The information provided by the petitioners tends
to establish that the State of Colombia was aware of threats in certain cases and failed to take
appropriate action to prevent the consummation of acts carried out against the Patriotic Union.
The Report of the Ombudsman concluded that some cases of massacres analyzed in the report
were characterized by an absence of guarantees before the violence, despite previous warnings
about the danger.18 In cases of violence committed by paramilitary organizations, the Report of
the Ombudsman concluded that, "[u]pon occasion the armed forces or the police failed to appear
when the violence occurred and failed to confront the paramilitaries."19
36. The Commission thus concludes that the petitioners have set forth facts and information
tending to establish a pattern and practice of political persecution carried out against the Patriotic
Union with the goal of exterminating that group and tolerance of that practice by the State of
Colombia. The Court established, in the Velásquez Rodríguez Case, important jurisprudence
relating to the establishment of a claim of human rights violations under the Convention on the
basis of a pattern or practice. The Court held that if a practice of grave human rights violations
may be shown to have been carried out by the State or at least tolerated by it, and if the violation
alleged in a specific case can be linked to that practice, then the violation will be established in
the specific case.20
37. The petitioners have presented lists of specific victims who have allegedly suffered
extrajudicial executions, forced disappearances, assassination attempts and threats as a result of
the persecution of the Patriotic Union. The petitioners have provided certification indicating that
each of the individual victims was associated with the Patriotic Union.
38. The Commission must therefore determine whether a pattern and practice of persecution of
the membership of the Patriotic Union with the involvement or at least with the tolerance of the
Colombian State has been established to which these victims would be linked. If so, the individual
violations will be established as to the listed victims and would constitute violations of the
following rights protected in the Convention: the right to juridical personality (Article 3), the right
to life (Article 4), the right to humane treatment (Article 5), the right to personal liberty (Article
7), the right to freedom of association (Article 16), the right to participate in government (Article
23), and the right to a fair trial and to judicial protection (Articles 8 and 25). The petition is
therefore admissible, pursuant to Article 47(b) of the Convention, on the grounds that the
petitioners have stated facts which would tend to establish multiple violations of the Convention.
B.
Connection between facts and victims
39. The State has argued that the case is inadmissible as presented for failure to establish
sufficient connection between the allegations of violations against numerous individuals to allow
them to be processed and decided jointly by the Commission. The State argues that the case
involves "the aggregation of numerous individual communications not necessarily with any
connection."21
40. The Regulations of the Commission establish that, "[a]ny petition that states different facts
that concern more than one person, and that could constitute various violations that are
17 Serech and Saquic Case, Provisional Measures, Resolution of the Inter-American Court of Human Rights of June 28,
1996; Vogt Case, Provisional Measures, Resolution of the Inter-American Court of Human Rights of June 27, 1996.
18 Report of the Ombudsman at 127.
19 Id. at 28.
20 I/A Court H.R., Velásquez Rodríguez Case, Judgment of July 29, 1988. Series C No. 4, par. 126.
21 Government Response of April 5, 1995.
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