7
disregard for a right, but also potentially ascribing liability to the State. In this regard, it stressed that
the facts were committed by private individuals and not by agents of the State. It also contended that
“the petitioners are trying to get the organs of the Inter-American system to act as a fourth instance to
local courts.” The State further claimed that the IACHR cannot adjudicate facts that have not been
proven in the domestic jurisdiction and that the IACHR could only act in cases of flagrant violation of due
process, which is not the situation in this particular case.
31.
The State argued that the IACHR’s decision to join analysis of admissibility and merits is
out of order. It contended that said decision is unwarranted and that it has precluded it from exercising
its right of defense.
32.
As to the merits of the matter, the State recognized that “the paramilitary groups
enticed some of the members of the public security forces with whom they conducted isolated joint
military operations (…) mistakenly calling themselves self-defense forces.” It contended that,
nonetheless, the existence of paramilitary forces cannot be attributed to the State and the “unfortunate
and isolated collusion of some of the members of the security forces” cannot be regarded as a State
policy.
33.
The State asserted that when acts involving paramilitary groups occur, “the
participation, collaboration, acquiescence or collusion of agents of the State” must be proven
“concretely and directly in each act alleged to be a violation.” It argued that the alleged acts in this case
were executed exclusively by the Self-Defense Forces of Magdalena Medio as retaliation for the
abduction of a paramilitary leader and that no link to agents of the State has been proven in a court of
law. It also contended that, since such a link has not been proven, the elements of authorization,
support or acquiescence, as set forth in the Inter-American Convention on Forced Disappearance of
Persons (IACFDP), are not present.
34.
The State also alleged that the petitioners made general claims without individually
examining each disappearance case separately. It contended, therefore, that the State cannot be held
responsible for violations of Articles 4, 5 and 7 of American Convention. The State provided greater
detail about one of the incidents that was part of the subject matter in the instant case. It noted that on
June 26, 1996, the FTA carried out Operation Lightning Bolt (Operación Rayo) “in order to arrest or take
out terrorists of the EPL (People’s Liberation Army) gang,”5 and not one single person was even injured
in the operation. It argued that there is stark contradiction between sworn statements. As to the
validity of statements provided by Ramón Isaza, the State held two positions. On the one hand, it
regarded statements that the acts were carried out exclusively by members of the paramilitary forces as
valid evidence, while statements linking members of the military to the acts were stripped of their
evidentiary value and it noted that judicial verification of such claims was pending. It also asserted that
should the statement that bodies were dumped into different rivers prove to be true, “recovery of the
mortal remains of these persons would be impossible.”
35.
As for the analysis of the duty of prevention, the State asserted that the responsibility of
the State is contingent upon knowledge of a real and imminent danger and a reasonable chance to
prevent or help to avoid said danger. It contended that the petitioners did not make the State aware of
a real and imminent danger of each individual. On the contrary, the State claimed that it involved
5
The People’s Liberation Army (EPL) is a Colombian guerrilla group which began operating in the late seventies,
mainly in the region of Antioquia.