-3- 4. On March 7, 2000 the Commission identified the complaint as Nº 12,250, forwarded the pertinent parts of said complaint to the State, and asked it to provide such information as it deemed appropriate. 5. On February 22, 2001, during its 110th session, the Commission adopted Admissibility Report Nº 34/01, in which it decided that “the case was admissible, in accordance with the requirements set forth in Articles 46 and 47 of the American Convention and in connection with the [alleged] abridgment of Articles 4, 5, 7, 8(1), 25 and 1(1) of [that Convention] to the detriment of 49 persons [allegedly] executed in Mapiripán […]”. In said Admissibility Report the Commission decided to apply to the instant case the exception regarding exhaustion of domestic remedies set forth in Article 46(2)c) of the Convention, according to which “first it is necessary to establish whether the exceptions regarding the rule of exhaustion of domestic remedies set forth in said provision are applicable to the case in point, before and separately from analyzing the merits of the matter, as this depends on a standard of assessment that is different from the one used to decide on abridgment of Articles 8 and 25 of the Convention.” 6. On March 9, 2001 the Commission made itself available to the parties with the aim of attempting to reach a friendly settlement, in accordance with the American Convention and its own Rules of Procedure. The parties showed no interest in this regard. 7. On March 4, 2003 the Commission, pursuant to Article 50 of the Convention, adopted Report No. 38/03, in which it found that: […] Colombia is responsible for violating the rights to life, to humane treatment, and to personal liberty of the victims of the massacre committed in Mapiripán […], enshrined in Articles 4, 5 and 7 of the American Convention. The State is also responsible for violation of the right to due process and to judicial protection of the [alleged] victims and their next of kin, set forth in Articles 8 and 25 of the American Convention, as well as for non-compliance with the obligation to ensure respect for the rights set forth in said Treaty, pursuant to Article 1(1). In this regard, the Commission recommended that the State: 1. [c]onduct a complete, effective, and impartial investigation under regular venue, with the aim of trying and punishing all those responsible for the massacre committed against approximately 49 [alleged] victims in the municipality of Mapiripán, Department of Meta; 2. [t]ake such steps as may be necessary for the victims to receive adequate reparations for the violations committed by the State; 3. [t]ake such steps as may be necessary to avoid similar facts taking place in the future, in accordance with the duty to prevent and guarantee the basic rights set forth in the American convention, as well as such steps as may be necessary to fully comply with the doctrine developed by the Colombian Constitutional Court and by [t]he Commission in connection with the investigation and prosecution of similar cases under regular criminal justice. [ ] 8. On June 5, 2003 the Commission forwarded to the State Report No. 38/03 and granted it two months to report on “the steps taken to comply with the recommendations made.”

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