REPORT No. 48/14 PETITION 11.641 ADMISSIBILITY PEDRO JULIO MOVILLA GALARCIO AND FAMILY COLOMBIA July 21, 2014 I. SUMMARY 1. On June 17, 1996, the IACHR (hereinafter “the Inter-American Commission” or “the IACHR”) received a petition submitted by the Corporación Colectivo de Abogados “José Alvear Restrepo,” (hereinafter “the petitioners”) alleging violation by the Republic of Colombia (hereinafter “the State” or “the Colombian State”) of Articles 3 (right to juridical personality), 4 (right to life), 5 (right to humane treatment), 7 (right to personal liberty), 8 (right to a fair trial), and 25 (right to judicial protection) in connection with the obligation to respect and guarantee rights, contained in Article 1.1 of the American Convention on Human Rights (hereinafter the “American Convention" or “Convention”); as well as Article I b) of the Inter-American Convention on Forced Disappearance of Persons (hereinafter “CIDFP”) to the detriment of Pedro Julio Movilla Galarcio and the members of his family.1 2. The petitioners maintain that Pedro Julio Movilla Galarcio (hereinafter “the alleged victim”) was forcibly disappeared in Bogota, Colombia on May 13, 1993. They maintain that this act was perpetrated by alleged agents of the State and to date those responsible have not been tried nor have any reparations been made for the reported events. 3. The State argues that the petition is inadmissible due to the fact that criminal investigations are still under way and, consequently, the available domestic remedies have not been exhausted. The State also indicates that in the instant case there is no unwarranted delay of the investigations, given the complexity of the matter and the activities of the judicial authorities. 4. After analyzing the parties’ positions, the Commission concluded, without prejudging on the merits of the case, that it is competent to rule on the complaint submitted by the petitioners, and that the case is admissible under Articles 46 and 47 of the American Convention based on alleged violations of the rights enshrined in Articles 3, 4, 5, 7, 8, 16, and 25 of that instrument, in connection with Article 1.1 thereof, as well as Article I b) of the Inter-American Convention on Forced Disappearance of Persons. II. PROCEDURE BEFORE THE IACHR 5. The petition was received on June 17, 1996 and recorded under No. 11.641. On June 20, 1996, the petition was forwarded to the State so it could submit its observations, which were received on November 29, 1996. 6. Subsequently, the Commission received information from the petitioners on the following dates: June 18, 1997, May 18, 1998, August 17, 1998, and September 25, 1998. It also received observations from the State on December 20, 1996, May 1, 1997, January 22, 1998, July 22, 1998, and October 27, 1998. The additional information and observations were duly forwarded to the parties. 7. On October 22, 2008, the IACHR requested updated information on the matter. The State’s response was received on November 21, 2008. On August 11, 2010 the IACHR repeated its request to the petitioners for information. On February 6, 2013 the petitioners submitted their response, which was forwarded to the State for its information. Finally, the State sent additional information on May 6, 2014, which was sent to the petitioners for their information. 1 As reported by the petitioner, the family members are Candelaria Nurys Vergara Carriazo; Carlos Julio Movilla Vergara; José Antonio Movilla Vergara; and Jenny Movilla Vergara. 1

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