REPORT Nº 46/07
PETITION 231-05
ADMISSIBILITY
MERY NARANJO ET AL.
(COMUNA 13)
COLOMBIA
23 July 2007
I.
SUMMARY
1. On March 7, 2005, the Inter-American Commission on Human Rights (hereinafter “the
Commission”) received a petition that the Interdisciplinary Human Rights Group (hereinafter
“the petitioners”) lodged against the Republic of Colombia (hereinafter “the State” or “the
Colombian State”) accusing it of responsibility for the alleged November 2002 arbitrary
detention of community leaders María del Socorro Mosquera Londoño, Mery del Socorro
Naranjo Jiménez and Ana Teresa Yarce –who served on the Community Action Board of the Las
Independencias III district of Comuna 13 in the city of Medellín- and of the death of Ana
Teresa Yarce on October 6, 2004.
2. The petitioners allege that the State is responsible for violation of the rights to life, humane
treatment, personal liberty, a fair trial, privacy, freedom of association, protection of the
family, freedom of movement and residence and judicial protection and of the obligation not to
suspend certain non-derogable rights, as recognized in Articles 4, 5, 7, 8, 11, 16, 17, 22, 25
and 27 of the American Convention on Human Rights (hereinafter the “Convention” or the
“American Convention”), all in relation to Article 1(1) thereof and to the detriment of María del
Socorro Mosquera Londoño, Mery del Socorro Naranjo Jiménez, and Ana Teresa Yarce and
their next of kin. In response, the State alleges that the petitioners’ complaint does not satisfy
the rule requiring prior exhaustion of the remedies under domestic law, set forth in Article
46(1)(a) of the American Convention, or the conditions that must obtain for the exception
allowed under Article 46(2)(c) of the Convention to apply.
3. After examining the parties’ positions and the matter of compliance with the requirements
set forth in Articles 46 and 47 of the Convention, the Commission decided to declare the
complaint admissible as regards the alleged violations of Articles 5(1), 7(1), 7(3), 8(1), 11, 16,
17(1), 22(1) and 25 of the Convention, all in relation to Article 1(1) thereof and to the
detriment of María del Socorro Mosquera Londoño, Mery del Socorro Naranjo Jiménez and Ana
Teresa Yarce and their next of kin; and as regards the alleged violation of Article 4 of the
American Convention, in relation to Article 1(1) thereof and to the detriment of Ana Teresa
Yarce. It also finds that the petition is admissible under Articles 46 and 47 of the American
Convention. It has decided to notify the parties of its decision and to order its publication in
the Annual Report.
II.
PROCESSING WITH THE COMMISSION
4. The IACHR registered the petition as P-231-05 and, after a preliminary review of its content,
forwarded the relevant parts to the Colombian State on December 21, 2005, with the request
that it submit information on the issue in question within two months, pursuant to Article 30(2)
and 30(3) of the Commission’s Rules of Procedure.
5. On February 22, 2006, the IACHR received a communication from the State in which it
requested a 30-day extension to submit its response to the petition. That extension was
granted on February 24, 2005. The State submitted its information on June 14, 2006, by note
DDH.GOI 31279/1533.
6. On October 22, 2004, the Commission requested the State to adopt precautionary measures
to protect the life and physical integrity of Mery Naranjo Jiménez, Alba Mery Naranjo, Sandra
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