REPORT No. 130/17 CASE 13.044 MERITS GUSTAVO FRANCISCO PETRO URREGO COLOMBIA1 OCTOBER 25, 2017 I. SUMMARY 1. On October 28, 2013, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission”, “the Commission”, or “the IACHR”) received a petition filed by the Colectivo de Abogados José Alvear Restrepo –CCAJAR– (Lawyers Collective José Alvear Restrepo) and the Asociación para la Promoción Social Alternativa –MINGA- (Association for the Alternative Social Promotion) (hereinafter “the petitioners”) alleging the international responsibility of the Republic of Colombia (hereinafter “the State of Colombia”, “the State”, or “Colombia”) for alleged human rights violations to the detriment of Gustavo Francisco Petro Urrego. 2. The petitioners stated that the alleged victim, while in his position as the Mayor of Bogota, was subjected to a series of sanctioning proceedings. In particular, they stated that, pursuant to two disciplinary proceedings initiated by the Inspector General of the Nation, he was disqualified from office, and that said proceedings were pursued in a discriminatory manner and in retaliation for his political ideology, all with the objective to remove him from his elected position. The petitioners stated that a series of violations of due process guarantees were committed in the disciplinary proceedings, and averred that the power of disqualification by means of a disciplinary action initiated by the Inspector General of the Nation contravenes the American Convention. Subsequently, the alleged victim reported that two additional sanctions had been imposed and that the criminal law had been modified to define running for elected office while disqualified due to a judicial, disciplinary or fiscal decision as an imprisonable crime. 3. The State asserted that the officials are liable for violations of the law or exceeding their functions, and that the alleged victim was the subject of disciplinary proceedings due to a series of complaints filed against him. The State contended that the power of the Inspector General of the Nation to impose a disqualification sanction does not contravene the American Convention, and that the sanctions imposed on the alleged victim were the result of proceedings conducted with full respect for procedural guarantees that permit a full jurisdictional control. 4. On March 18, 2014, the IACHR requested the adoption of precautionary measures in favor of Gustavo Francisco Petro Urrego, then-Mayor of the city of Bogota D.C., Colombia, and requested that Colombia “suspend immediately the effects of the decision of December 9, 2013, issued and endorsed by the Office of the Inspector General on January, 13, 2014, to ensure the exercise of the political rights of Mr. Gustavo Francisco Petro Urrego and that he remains in office as Mayor of the city of Bogotá D.C. during the term for which he was elected on October 30, 2011, until the Commission has made a decision on the individual petition P-1742-13.” Since then, both parties have provided up-to-date information to the IACHR on various occasions. 5. The Commission approved Admissibility Report No. 60/16 on December 6, 2016. On December 14, 2016, the Commission notified this report to the parties and offered its good offices with the objective of reaching a friendly settlement. While the petitioners expressed interest in a friendly settlement, the State did not comment. On March 9, 2017, the petitioners submitted additional observations on the merits. These observations were transmitted to the State of Colombia on April 21, 2017. As of this date, the State has not submitted any additional observations on the merits. All the information gathered was duly transferred to the parties. 1 In accordance with the provisions of Article 17(2) of the Rules of Procedure of the Commission, Commissioner Luis Ernesto Vargas Silva, of Colombian nationality, did not participate in the debate or in the decision of this case.