REPORT N° 33/01 CASE 12.250 MAPIRIPÁN MASSACRE COLOMBIA February 22, 2001 I. SUMMARY 1. On October 6, 1999, Colectivo de Abogados “José Alvear Restrepo” and the Center for Justice and International Law (CEJIL) lodged a petition with the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the IACHR”) against the Republic of Colombia (hereinafter “the State”), in which they allege that between July 15 and 20, 1997 approximately one hundred members of the paramilitary group known as the Autodefensas Unidas de Colombia [United Self-Defense Groups of Colombia] (hereinafter “the AUC”) deprived of liberty, tortured, and massacred approximately 49 civilians, after which they mutilated their corpses and threw the remains into the River Guaviare, in the Municipality of Mapiripán, Department of Meta, with the collaboration, by deed or omission, of members of the Colombian National Army. 2. The petitioners allege that members of the Colombian National Army participated both actively and passively, in coordination with the AUC, in planning and carrying out the massacre, and that, therefore, the State is directly responsible for the violation of the rights to life, personal liberty, fair trial, freedom of conscience, and judicial protection enshrined in Articles 4, 5, 7, 8(1), and 25 of the American Convention on Human Rights (hereinafter “the American Convention”), as well as for failing in its obligation to ensure respect for the rights recognized in said Treaty. 3. The State held that the domestic judicial proceedings instituted to clarify the events that occurred at Mapiripán and to try those responsible are still underway. Accordingly, it requested that the Commission find the case inadmissible on grounds of non-exhaustion of domestic remedies pursuant to Article 46(1)(a) of the American Convention. In reply, the petitioners argued that the case qualifies for the exceptions from the requirement to exhaust domestic remedies provided in Article 46(2) of that Treaty because certain members of the Army alleged to be involved in the events were being prosecuted by the military criminal courts. 4. Based on its examination of the positions of the parties, the Commission finds that it is competent to take up the petitioners’ complaint and that the case is admissible pursuant to the provisions contained in Articles 46 and 47 of the American Convention. II. PROCESSING BY THE COMMISSION 5. The Commission acknowledged receipt of the petition on October 13, 1999. The petitioners presented supplementary information to the original petition on October 22 and 27, 1999, November 8, 1999, and January 31, 2000. On March 7, 2000 the Commission entered the case as Nº 12.250 and transmitted the pertinent portions of the petition to the Colombian State, requesting that it present information within 90 days. 6. The State submitted its reply on June 9. In notes dated June 14 and 30, 2000, respectively, the State presented additional information, which was duly forwarded to the petitioners for their comments. The petitioners submitted their comments to the State’s reply on July 17, 2000. The Commission conveyed to the State the petitioners’ reply on July 19, 2000, asking that it present its comments within 30 days. On August 19, 2000, the State requested an extension, which was duly granted. 7. On October 10, 2000, in the framework of the 108th session of the IACHR, a hearing of the case was held with both parties in attendance. At the hearing the petitioners presented documentary evidence, which was transmitted to the State. The State presented its comments on November 28, 2000. 1