4 I INTRODUCTION OF THE CASE AND CAUSE OF THE DISPUTE 1. The case submitted to the Court. On May 21, 2016, in accordance with the provisions of Articles 51 and 61 of the American Convention and Article 35 of the Rules of Procedure, the Inter-American Commission on Human Rights (hereinafter also “the Inter-American Commission” or “the Commission”) submitted to the jurisdiction of the Inter-American Court the case called Omeara Carrascal set al. v. Colombia (hereinafter "the State" or "Colombia"). The Commission stated that the case is related to the attack suffered by Noel Emiro Omeara Carrascal (hereinafter also “Noel Emiro Omeara” or “Mr. Omeara Carrascal”) on January 28, 1994 and his subsequent death; the disappearance and execution of Manuel Guillermo Omeara Miraval (hereinafter also "Manuel Guillermo Omeara" or "Mr. Omeara Miraval"), son of the former, from August 27 to September 23, 1994, and the attack and subsequent death of Héctor Álvarez Sánchez (hereinafter also “Héctor Álvarez” or “Mr. Álvarez Sánchez”), father-in-law of the second, on October 21, 1994. 2. Regarding the events relating to Noel Emiro Omeara Carrascal, the Commission determined that there is sufficient evidence to conclude that, in addition to the breach of the duty to prevent, there was collaboration among state agents in order for the attack to occur. Regarding the disappearance and subsequent execution of Manuel Guillermo Omeara Miraval, the Commission determined that he was detained by persons belonging to a paramilitary group that operated in the area and found multiple indications of state participation in the events. The Commission also argued that events occurring between his disappearance and execution were of a degree that could be regarded as torture. Regarding the attack and subsequent death of Héctor Álvarez Sánchez, the Commission indicated that the State did not provide him with the protection he required, which allowed members of a paramilitary group to shoot him several times from a motorcycle, as a result of which he became paraplegic and unable to speak, subsequently dying. The Commission also determined a lack of due diligence on investigating the facts. It also argued that this caused suffering to his family members1 due to the events themselves as well as due to the lack of clarification and the constant anguish and fear of new retaliation in the search for justice, and threats and intimidation. In addition, some family members, including three minors, were displaced due to the risk they faced due to the attacks and death of their loved ones. 3. Proceedings before the Commission. The proceedings before the Commission were as follows: a) Petition. On May 4, 1995, the Colombian Commission of Jurists (hereinafter also “the representatives of the alleged victims” or “representatives” or “CCJ”)2 presented the petition to the Commission, which was assigned the number P-11482. The next of kin are: Luis Enrique Omeara Miraval, Aura Isabel Omeara Miraval, Noel Emiro Omeara Miraval, Araminta Omeara Miraval, Ricaurte Omeara Miraval, Eduardo Omeara Miraval, Zoila Rosa Omeara Miraval, Liliana Patricia Omeara Miraval, María Omeara Miraval, Carmen Teresa Omeara Miraval, Jaime Antonio Omeara Miraval, Manuel Guillermo Omeara Álvarez, Elba Katherine Omeara Álvarez, Claudia Marcela Omeara Álvarez, Fabiola Álvarez Solano, Elva María Solano de Álvarez, Judith Álvarez Solano, Miguel Ángel Álvarez Solano, Héctor Manuel Álvarez Solano, Clemencia Patricia Álvarez Solano, Juan Carlos Alvarez Solano, and Ana Edith Alvarez de Garcia. This Court notes that in various documents provided in the proceedings in this case, the name "Elva María Solano de Álvarez" or "Elba María Solano de Álvarez" is mentioned. For the purposes of this judgment, she will be identified with the first name indicated. In addition, this Court notes that in different documents the name "Ana Edith Álvarez de García" or "Ana Edith Álvarez Solano" is used indistinctly. For the purposes of this judgment, he will be identified with the first name indicated. 2 The Centre for Justice and International Law (hereinafter also “CEJIL”) joined as a co-petitioner on March 27, 2000. 1