16
44.
Thus, according to the Commission and the representatives, the facts of the present
case are described within a pattern of violence against the indigenous people that live in the
north of Cauca and their leaders. Furthermore, the State sustained that “none of the
argument, documents or events furnished by the Commission and the representatives are
relevant to demonstrate the alleged context.” In short, it is just an evidentiary issue.
45.
In such respect, this Court has established that it cannot ignore the special
seriousness of finding that a State Party to the Convention has carried out or has tolerated a
practice of disappearances in its territory. This requires the Court “to apply a standard of
proof which considers the seriousness of the charge and which, notwithstanding what has
already been said, is capable of establishing the truth of the allegations in a convincing
manner.”44
46.
The documentary evidence furnished to the Tribunal in this regard is the following: i)
the Second and Third Reports of the Commission on the situation of human rights in
Colombia45; ii) the Reports on merits adopted by the Commission in the cases of Masacre de
Caloto and Masacre de “Los Uvos;”46 iii) The annual Report of the Inter-American
Commission 2005;47 iv) the report of the Special Rapporteur of the United Nations on the
situation of human rights of the indigenous people48 and a report of the same Rapporteur
related to a Mission in Colombia;49 v) a report of the United Nations High Commissioner of
Human Rights on the situation of human rights in Colombia50 and two rulings of the Office in
Colombia of the United Nations High Commission of Human Rights;51 vi) three pressreleases 52 and the XII Report of the Ombudsman of the Colombian People;53 vii) a
44
Cf. Case of Godínez-Cruz v. Honduras. Judgment of January 20, 1989. Series C No. 5, para. 135.
45
Cf. IACHR, Second Report on the Situation of Human Rights in Colombia, chapter XI: The Rights of the
Indigenous in Colombia, OAS/Ser.L/V/II.84, Doc. 39 rev.1, October 14, 1993 and IACHR, Third Report on the
Situation of Human Rights in Colombia, Chapter X: The Rights of the Indigenous People in Colombia,
OAS/Ser.L/V/II.102, Doc. 9 mag. 1, February 26, 1999.
46
Cf. IACHR, Report 36/00, Case 11.101 Masacre de Caloto, April 13, 2000, in the Annual Report of the
IACHR 1999 and IACHR, Report 35/00, Case 11.020 Masacre “Los Uvos”, April 13, 2000, in the Annual Report of
the IACHR 1999.
47
Cf. Annual Report of the Inter-American Commission of Human Rights 2005, February 27, 2006,
OAS/Ser.L/V/II.124, Doc. 7, Chapter V
48
Cf. STAVENHAGEN, Rodolfo. The indigenous issues: The human rights and the indigenous issues: Report
of the Special Rappourteur on the situation of human rights and the fundamental freedoms of the indigenous,
January 20, 2006, E/CN.4/2006/78/Add.4.
49
Cf. United Nations. Economic and Social Council. Indigenous Issues. Report of the Special Rappourteur on
the situation of human rights and the fundamental freedoms of the indigenous peoples; Mr. Rodolfo Stavenhagen.
Adición Misión a Colombia. E/CN.4/2005/88/Add.2., November 10, 2004 (Record of Appendixes to the brief of
requests and arguments, Exhibit 53, pages 899 to 923).
50
Cf. Report of the United Nations High Commissioner for the Human Rights on the situation of human rights
in Colombia, January 20, 2006, E/CB.4/2006/9, Exhibit IV.
51
Cf. Ruling on the “Concern About the Violent Acts in Cauca", United Nations High Commission for Human
Rights- Colombian Office (record of appendixes to the brief of requests, arguments and evidence, Exhibit 51, page
895); Ruling on the “Concern About the Protests in Cauca and Nariño”, United Nations High Commission for Human
Rights- Colombia Office (record of appendixes to the brief of requests, arguments and evidence, Exhibit 52, page
897).
52
Cf. Press Release, Ombudsman of the Colombian People, Bogotá, D. C., March 21, 2006, “Ombudsman
calls for reflection over intolerance and social exclusion in Colombia"; Ombudsman of the People. Press Release nº
1176 "Ombudsman calls for a State policy to assist the indigenous peoples." Bogotá, D.C., August 9, 2006.
http://www.defensoria.org.co/?_s=e6&c=1176; Press Release, October 12, 2005, “Indigenous Communities
of
Cauca
defend
their
rights
to
land,
life
and
ancestral
memory,”
available
at
www.derechos.org/nizkor/colombia/doc/japi04.html.