2
2.
The Commission filed the application in this case for the Court to decide
whether the State breached Articles 4 (Right to Life), 5 (Right to Humane Treatment)
and 7 (Right to Personal Liberty) of the American Convention, to the detriment of the
alleged victims of the alleged massacre carried out in Mapiripán, stated in the
application. The Commission also asked the Court to decide whether the State
breached Articles 8.1 (Right to Fair Trial) and 25 (Right to Judicial Protection) of the
Convention, in combination with Article 1(1) (Obligation to Respect Rights) of said
treaty, to the detriment of the alleged victims of the alleged massacre and their next
of kin. When it filed the application, the Commission pointed out that “between July
15 and 20, 1997 […] approximately one hundred members of the Autodefensas
Unidas de Colombia[, …] with the collaboration and acquiescence of agents of the
[…] State, deprived of their liberty, tortured, and murdered at least 49 civilians, after
which they destroyed their bodies and threw their remains into the Guaviare River, in
the Municipality of Mapiripán, Department of Meta”. The Commission also pointed
out that the alleged victims were “approximately 49 individuals”, of whom it
identified ten individuals and some of their next of kin.
3.
The Commission also asked the Court, in accordance with Article 63(1) of the
Convention, to order the State to carry out several measures of pecuniary and nonpecuniary reparation, such as payment of costs and expenses incurred by the next of
kin of the alleged victims under both domestic and international venues.
II
COMPETENCE
4.
The Court is competent, under the terms of Article 62(3) of the Convention,
to hear the instant case, since Colombia has been a State Party to the American
Convention since July 31, 1973, and it accepted the adjudicatory jurisdiction of the
Court on June 21,1985.
III
PROCEDURE BEFORE THE COMMISSION
5.
On October 6, 1999 the Colectivo de Abogados “José Alvear Restrepo” and
the Center for Justice and International Law (hereinafter “the petitioners”) filed a
complaint before the Inter-American Commission.
6.
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 with regard to the [alleged] violation of Articles 4, 5, 7, 8(1), 25 and
1(1) of [that Convention] to the detriment of 49 individuals [allegedly] executed at
Mapiripán […]”.
7.
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 expressed no
interest in such a settlement.
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