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INTRODUCTION OF THE CASE AND CAUSE OF ACTION
1.
The case submitted to the Court. – On August 8, 2020, the Inter-American Commission
on Human Rights (hereinafter also “the Inter-American Commission” or “the Commission”)
submitted to the jurisdiction of the Court the case of “Pedro Julio Movilla Galarcio and Relatives”
against the Republic of Colombia (hereinafter “the Colombian State”, “the State”, or “Colombia”).
As explained by the Commission, the case concerns the alleged international responsibility of
the State for the forced disappearance of Pedro Julio Movilla Galarcio, a Colombian union leader,
member of a leftist political party (the Marxist-Leninist Communist Party of Colombia - PCCML), and social activist, on May 13, 1993. As explained in its Merits Report, the Commission
concluded that the State is responsible for the violation of the rights to recognition of juridical
personality, to life, to personal integrity, to personal liberty, to judicial guarantees, to freedom
of association and to judicial protection, enshrined in Articles 3, 4(1), 5(1), 7(1), 8(1), 16 and
25(1) of the American Convention on Human Rights, in relation to Articles 1(1) and 2 of the
Convention. It also concluded that the State is responsible for the violation of Articles I a) and I
b) of the Inter-American Convention on the Forced Disappearance of Persons (hereinafter also
“IACFDP”). It established that the alleged violations had been committed, as appropriate, to the
detriment of Mr. Movilla and his relatives.
2.
Proceedings before the Commission. – The proceedings before the Commission were as
follows:
a) Petition. – On June 17, 1996, the Commission received the initial petition, which was
submitted by the José Alvear Restrepo Lawyers’ Association (Corporación Colectivo de
Abogados “José Alvear Restrepo,” hereinafter also “the representatives” o “CCAJAR”).
b) Admissibility and Merits Reports. – On July 24, 2014, and December 7, 2018, the
Commission approved Admissibility Report No. 48/14, in which it concluded that the petition
was admissible, and Merits Report No. 149/18 (hereinafter “Merits Report” or “Report No.
149/18”), in which it reached specific conclusions and made recommendations to the State.
c) Notification to the State. – In a communication dated February 8, 2019, the Commission
informed the State that it had approved its Report No. 149/18, and offered to assist the
parties in reaching a friendly settlement, granting the statutory periods for submitting
observations.
3.
Submission to the Court. – On August 8, 2020, having granted the State five extensions
to allow it to comply with its recommendations, the Commission submitted its Merits Report to
the Court setting out all the evidence and alleged human rights violations, based on the wishes
of the petitioning party and the need to obtain justice for Mr. Movilla and his relatives.
4.
Request made by the Commission. – The Commission asked the Court to determine and
declare the State’s international responsibility for the rights violations described in the Merits
Report (supra para. 2), and to order the State to grant the measures of reparation also specified
in the report (infra Chapter IX). The Court notes, with concern, that more than 24 years elapsed
between the presentation of the initial petition before the Commission and the submission of the
case to the Court.
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