REPORT NO. 41/15 CASES 12.335; 12.336; 12.757; 12.711 MERITS GUSTAVO GIRALDO VILLAMIZAR DURÁN et al. COLOMBIA JULY 28 2015 I. SUMMARY 1. Between March 2, 1999 and February 23, 2003, the Inter-American Commission on Human Rights (hereinafter “The Inter-American Commission”, “the Commission” or “the IACHR”), received four petitions, which respectively alleged the extrajudicial execution of Elio Gelves Carrillo, Gustavo Giraldo Villamizar Durán, Carlos Arturo Uva Velandia and Wilfredo Quiñónez committed by agents of the State of Colombia (hereinafter “the Colombian State”, “The State” or “Colombia”).1 2. In the majority of the petitions it was alleged that the deaths of the alleged victims are framed in a context of extrajudicial executions in Colombia. In this regard, it was alleged that State agents executed extrajudicially the alleged victims and later they were presented as alleged subversives killed during confrontations with members of the Army. According to the petitioners, there existed no diligent investigation of the acts nor integral reparation for the victims, therefore the State would have violated several rights enshrined in the American Convention on Human Rights (hereinafter, “the Convention” or “the American Convention”). 3. The State of Colombia denied the existence of the context of the extrajudicial executions and considered that none of the deaths entails their international responsibility. It stated that in the cases of Mr. Elio Elves Carrillo, Mr. Gustavo Villamizar Durán and Mr. Wilfredo Quiñónez their deaths had been verified as the result of a legitimate self-defense by the members of the Army, while in the case of Mr. Carlos Arturo Uva Velandia, even though it recognized that a soldier deprived him of his life, it pointed out that it was not responsible for his individual conduct. The State indicated that in all the cases a diligent investigation was followed with statements of the internal authorities that defined the responsibility of the agents, therefore it has not incurred in violations to the American Convention. 4. After considering the arguments and evidence presented by both parties, the Commission declared the international responsibility of the State of Colombia for: i) the violation to the rights to life and honor and dignity enshrined in Articles 4 and 11 of the American Convention in relation to Article 1(1) of said instrument to the detriment of Mr. Gustavo Giraldo Villamizar Durán; ii) the violation to the rights to life, personal integrity, personal liberty and honor and dignity enshrined in Articles 4, 5, 7, 11 of the American Convention in relation to Article 1(1) of said instrument to the detriment of Mr. Elio Gelves Carrillo; iii) the violation to the rights to life, personal integrity and personal liberty enshrined in Articles 4, 5 and 7 of the American Convention in relation to Article 1(1) of said instrument to the detriment of Mr. Carlos Arturo Uva Velandia; iv) the violation of the rights to life, personal integrity and personal liberty enshrined in Articles 4, 5, 7 of the American Convention in relation to Article 1(1) of said instrument to the detriment of Wilfredo 1In this regard: i) on March 2, 1999 a petition was received, presented by Humanidad Vigente – Corporación Jurídica which alleged the extrajudicial execution of Elio Gelves Carrillo, allegedly perpetrated by agentes of the State on May 27, 1997 in the municipality of Fortul, department of Arauca, as well as the lack of an effective investigation, aimed to the judging and sanction[ing] of the responsible individuals of the acts; ii) on March 30, 1999 a petition was received, presented by Humanidad Vigente – Corporación Jurídica which alleged the death of Gustavo Giraldo Villamizar Durán by agents of the State on August 11, 1996, in the municipality of Saravena, department of Arauca and the lack of judicial clarification of the acts; iii) on October 5, 2000 a petition was received, presented by Horacio Perdomo Parada for the death of Carlos Arturo Uva Velandia by a member of the Police Force, in the municipality of Hato Corozal, department of Casanare, on June 21, 1992, in absense of clarification of the responsibility of the State in the acts and consequently the lack of compensation of damages in favor of the parents and brothers of the alleged victim; and iv) on Feburary 23, 2003 a petition was received presented by the Corporación Colectivo de Abogados José Alvear Restrepo which alleged the extrajudicial execution of Wilfredo Quiñónez Barcenasi, allegedly perpetrated by agents of the State on September 3, 1995 in the municipality of Barracabermeja, deparment of Santander. 1