REPORT No. 68/09 PETITION 164-06 ADMISSIBILITY WILFREDO QUIÑONEZ BARCENAS AND FAMILY COLOMBIA August 5, 2009 I. SUMMARY 1. On February 23, 2003 the Inter American Human Rights Commission (hereinafter "the Commission") received a petition submitted by Corporación Colectivo de Abogados José Alvear Restrepo (hereinafter "the petitioners") which alleges the liability of agents of the Republic of Colombia (hereinafter "the State", "the Colombian State" or "Colombia") for the extrajudicial execution of Wilfredo Quiñonez Barcenas, allegedly perpetrated by agents of the State on September 3, 1995 in the town of Barrancabermeja, department of Santander. 2. The petitioners argued that the State was liable for the violation of the rights to life, personal integrity, personal freedom of Wilfredo Quiñonez Barcenas and judicial protection and guarantees of his relatives, as enshrined in Articles 4, 5, 7, 8 and 25 of the American Convention on Human Rights (herein after "the American Convention" or "the Convention"), as well as having the general obligation to respect and guarantee the rights protected in the Treaty, provided for in Article 1(1). For its part, the State argued that petitioner's claims were inadmissible because they were not submitted within a reasonable period of time, exceeding the six-month period provided for in Article 46.1.b of the American Convention, and if considered admissible the Commission would be acting as fourth international instance. 3. After analyzing the positions of the parties and compliance with the requirements of Articles 46 and 47 of the American Convention, the Commission decided to declare the case admissible in order to examine the alleged violation of Articles 4.1, 5.1, 5.2, 7.2, 8.1 and 25, in accordance with Article 1.1 of the American Convention. Also, the Commission decided to notify the parties and order its publication in its annual report. II. PROCEDURE BEFORE THE COMMISSION 4. The Commission registered the petition under number P 16406 and on April 12, 2006 proceeded to submit a copy of the relevant