4
PROCEEDING BEFORE THE COURT
12.
The Inter-American Commission
requirements of its application as follows:
set
forth
the
conclusion
and
the
The Commission respectfully requests that Court:
Conclude and declare that the State of Colombia has violated the right to life,
embodied in Article 4 of the Convention, and Article 3, common to all the 1949 Geneva
Conventions1, to the detriment of six persons: Artemio Pantoja Ordoñez, Hernán Javier
Cuarán Muchavisoy, Julio Milcíades Cerón Gómez, Edebraiz Cerón Rojas, William
Hamilton Cerón Rojas and another person (Hernán Lizcano Jacanamejoy or Moisés
Ojeda).
Establish the circumstances of the death of a seventh person, who had
presumably died in combat (Hernán Lizcano Jacanamejoy or Moisés Ojeda), in order to
determine whether the State of Colombia has violated his right to life embodied in Article
4 of the Convention and Article 3, common to all the 1949 Geneva Conventions.
Conclude and declare that the State of Colombia has violated the judicial
guarantees established in Article 8 and the right to judicial protection established in
Article 25 of the Convention to the detriment of Artemio Pantoja Ordoñez, Hernán Javier
Cuarán Muchavisoy, Julio Milcíades Cerón Gómez, Edebraiz Cerón Rojas, William
Hamilton Cerón Rojas, Hernán Lizcano Jacanamejoy and Moisés Ojeda, and their next of
kin.
Conclude and declare that, as a consequence of the violations of the rights to
life and to judicial guarantees and protection, the State of Colombia has also violated its
obligation to respect and guarantee the rights embodied in the Convention, pursuant to
Article 1.1 thereof.
Order the State of Colombia:
a)
To conduct a rapid, impartial and effective judicial investigation of the facts
denounced and punish those responsible.
b)
To identify precisely whether the other person extrajudicially executed on
January 23, 1991, by members of the national Police Force was Hernán Lizcano
Jacanamejoy or Moisés Ojeda. Furthermore, the Honorable Court is requested
to order the State of Colombia to carry out a serious investigation in order to
clarify the circumstances under which the seventh victim died and about whose
death the Commission did not give an opinion.
c)
To grant integral reparation to the next of kin of the victims; including payment
of fair compensation (less the amount that has already been paid as pecuniary
compensation in accordance with the judgments in the actions under
administrative law in favor of Artemio Pantoja Ordoñez, Hernán Javier Cuarán
Muchavisoy, Julio Milcíades Cerón Gómez, Edebraiz Cerón Rojas and William
Hamilton Cerón Rojas) and the recovery of the victims’ reputations.
d)
To adopt the necessary reforms in the regulations and the training programs of
the Colombian Armed Forces, so that all military operations are conducted in
accordance with the international instruments and custom, applicable to
internal armed conflicts.
e)
That the Colombian State should bear the costs and expenses in which the next
of kin of the victims have incurred to litigate this case both nationally and
before the Commission and the Court, and reasonable honoraria for their
lawyers.
1.
Hereafter in this judgment, the 1949 Geneva Conventions will be referred to as “Geneva
Conventions” or “1949 Geneva Conventions”.