-2- I INTRODUCTION OF THE CASE AND PROCEEDINGS BEFORE THE COURT A. INTRODUCTION OF THE CASE 1. On November 14, 2008, in accordance with Articles 51 and 61 of the Convention, the Inter-American Commission on Human Rights (hereinafter “the InterAmerican Commission” or “the Commission”) lodged an application against the State of Colombia (hereinafter “the State” or “Colombia”) concerning case 12,531 Manuel Cepeda Vargas, which the Commission had detached from case 11,227, José Bernardo Díaz et al., “Patriotic Union,” originating from the petition submitted on December 16, 1993, by the organizations: Corporación REINICIAR, the Comisión Colombiana de Juristas, and the Colectivo de Abogados “José Alvear Restrepo.” On March 12, 1997, the Commission declared admissible the case relating to the alleged harassment and extermination of Patriotic Union activists by adopting Report 05/97 (case 11,227 José Bernardo Díaz et al., “Patriotic Union”). In May 2005, the Colectivo de Abogados “José Alvear Restrepo” and the “Manuel Cepeda Vargas” Foundation (represented by Iván Cepeda Castro) asked the Commission to end the friendly settlement stage concerning the State’s alleged responsibility in the death of Senator Manuel Cepeda Vargas (hereinafter “Senator Cepeda,” “Mr. Cepeda Vargas” or “the presumed victim”) and to continue with the merits proceeding relating to this petition, separately from the said friendly settlement procedure. On December 5, 2005, the Commission decided to detach this case, registered it as number 12,531 and continued with the merits proceeding on the complaint concerning the death of Senator Manuel Cepeda Vargas. On July 25, 2008, the Commission approved Report on Merits 62/08, in which it made specific recommendations to the State,2 which expressed its disagreement with the report. On November 14, 2008, the Commission submitted the case to the jurisdiction of the Court pursuant to Article 51(1) of the Convention and Article 44 of the Court’s Rules of Procedure. The Commission appointed Víctor Abramovich, Commissioner at the time, and Santiago A. Canton, Executive Secretary, as its delegates and Elizabeth Abi-Mershed, Deputy Executive Secretary, Verónica Gómez, Karin Mansel and Juan Pablo Albán Alencastro, as legal advisers. 2. The facts alleged by the Commission refer to the extrajudicial execution of then Senator Manuel Cepeda Vargas perpetrated on August 9, 1994, in Bogotá, as well as alleged lack of due diligence in the investigation and punishment of all those responsible, obstruction of justice, and failure to make adequate reparation to the victim’s next of kin. Senator Cepeda Vargas was a social communicator, and also a leader of the Colombian Communist Party (hereinafter “PCC”) and the Patriotic Union political party (hereinafter “Patriotic Union” or “UP”). It is alleged that his execution occurred in the context of a systematic pattern of violence against the members of the UP and the PCC, perpetrated by the alleged operational coordination between 2 In this report, the Commission concluded that the State was responsible for the violation of Articles 4, 11, 16 and 23 of the American Convention to the detriment of Senator Manuel Cepeda Vargas; Articles 5(1) and 11 of the Convention to the detriment of his next of kin; Article 13 in connection with Articles 4 and 1(1) of this treaty to the detriment of Senator Manuel Cepeda Vargas; Article 22 of the Convention to the detriment of María Cepeda, and Iván Cepeda and his family; and Articles 8(1) and 25 of the Convention; all these articles in relation to Article 1(1) thereof. In its Report, the Commission recommended to the State that it should: conduct an impartial and exhaustive investigation in order to prosecute and punish all the perpetrators and masterminds of the extrajudicial execution of Senator Manuel Cepeda Vargas; make reparation to the next of kin of Senator Manuel Cepeda Vargas for the pecuniary and non-pecuniary damage suffered as a result of the said violations of the American Convention; organize acts to recover the historical memory of Senator Manuel Cepeda Vargas as a politician and a social communicator, in light of the conclusions reached concerning the State’s responsibility in the report; and adopt the necessary measures to avoid the repetition of systematic patterns of violence, in accordance with the obligation to protect and guarantee the fundamental rights recognized in the American Convention.