person. 2.2 The refusal to recognize the detention or to reveal the fate or whereabouts of the 69. Regarding this point, the IACHR considers pertinent to take into account the State’s response before the lodging of the hábeas corpus action, the visits to the detention centers for the physical location of the alleged victim, the explanations regarding the previous intelligence actions and other search works. 70. Pedro Julio Movilla Galarcio disappeared on May 13, 1993, and the first claim filed for his search was an hábeas corpus on May 18, 1993. However, it was rejected on the following day, given that the place of detention was not indicated. On this regard, the Commission observes that the hábeas corpus is the appropriate procedural mechanism to initiate the search of a missing person, especially in situations of complete lack of awareness of his or her fate. In these terms, the premature rejection of the hábeas corpus for said reason and without starting with search works, in the circumstances of the case corresponded to the refusal to establish the detention and whereabouts of Mr. Movilla Galarcio. 71. The State carried out three search visits at three detention centers on the days 20, 26 and 28 of May, 1993. In other words, the State carried out three visits during the first ten subsequent days to the complaint filed for the disappearance, in the context of the disciplinary investigation. The same occurred in the context of the criminal investigation, as it is understood from a report of May 31, 1993, in which the General Prosecutor’s Office confirms the visits carried out at the legal medicine facilities and official notifications to the Dijin, Sijin, DAS and Military Forces. The Commission finds that these search actions were not sufficient to reveal the fate or whereabouts of Pedro Julio Movilla Galarcio. The following actions carried out to find Pedro Julio Movilla Galarcio date back to the year 2008, fifteen years later, which allows affirming that in the circumstances of the present case, the omission to duly find the alleged victim contributed to the concealment of his detention and whereabouts. 72. Additionally, the Commission observes that the State has not managed to explain the nature of the persecutions and intelligence records of Pedro Julio Movilla Galarcio and their relation to their disappearance, which contributes to the uncertainty and concealment of the events. 73. By virtue of the previous considerations, the IACHR understands that the second and third elements of the forced disappearance are sufficiently proven. 3. Conclusion 74. The Commission resolves that what occurred to Pedro Julio Movilla Galarcio constituted forced disappearance and, therefore, the Colombian State is responsible for the violation of the rights to juridical personality, life, humane treatment and personal liberty set forth in Articles 3, 4, 5, and 7 of the American Convention in relation to the obligations established in Articles 1.1 and 2 of the same instrument, to the detriment Pedro Julio Movilla Galarcio. Moreover, taking into account that to the effective date of the IACFPD for Colombia122 the forced disappearance was still being committed, the IACHR concludes that the State also violated Article I a) of said instrument. B. Right of freedom of association (articles 16.1123, 1.1 and 2 of the American Convention) 75. The American Convention protects the right to freely associate for ideological purposes. On this regard, the Inter-American Court has indicated that such right entails two dimensions, an individual dimension and a collective dimension. In its individual dimension, “those who are under the Convention’s protection have the right and freedom to freely associate with other persons without the intervention of public authorities that may limit or impede said association.” In the collective dimension, “freedom of association is a Colombia lodged the instrument of ratification of the IACFPD before the General Secretariat of the OAS on April 12, 2005. Article 16 of the American Convention establishes the following: 1. Everyone has the right to associate freely for ideological, religious, political, economic, labor, social, cultural, sports, or other purposes. 122 123 17

Seleccionar párrafo de destino3