25
flexible than in a domestic proceeding.21 In international proceedings, “circumstantial evidence, indicia,
and presumptions may be considered, so long as they lead to conclusions consistent with the facts.”22 In
this regard, the Commission has underscored that the context and background information of a
particular case has to be considered, as must their relevance in terms of getting at the truth of what
happened within the boundaries of its competence.23 As a general practice, in the cases it considers
and where relevant, the Commission also uses information compiled during its on-site visits to the
States, the public thematic hearings, annual reports, country reports, thematic reports, and other tools
it has devised in discharging its function of monitoring the human rights situation, in keeping with the
mandate it has been assigned in various inter-American instruments.24
115. The IACHR also considers the records of the precautionary and provisional measures
ordered for Mrs. Mosquera and Mrs. Naranjo –mentioned in paragraphs 28-33 above - to be part of the
body of evidence in the case at issue. In the course of the proceedings on this case, both the IACHR and
the Court have been informed that threats, acts of harassment, and murders continue to occur which
are associated to the work that Ms. Mosquera and Mrs. Naranjo perform as human rights defenders.
For the IACHR, these events are related to the body of allegations being examined in this joined case.
A.
Forced displacement of Miryam Rúa Figueroa and her next of kin on June 26, 2002,
and subsequent events
116. During 2002, Ms. Miryam Eugenia Rúa Figueroa was serving as Chair of the Community
Action Board.25 She was living in a home she owned, together with her permanent companion, Gustavo
de Jesús Tobón, and her three underage children: Bárbara del Sol Palacios Rúa, Úrsula Manuela Palacios
Rúa, and Valentina Estefanía Tobón Rúa26. Her two oldest daughters were students at the Lola Gonzalez
educational institute and the younger daughter had entered a neighborhood daycare center.27
21
I/A Court H.R., Case of Velásquez Rodríguez v. Honduras. Judgment of July 29, 1988. Series C No. 4, paragraph 128.
22
I/A Court H.R., Case of Velásquez Rodríguez v. Honduras. Judgment of July 29, 1988. Series C No. 4, paragraph 130.
23
IACHR, Report No. 64/11, Case 12.573, Merits Report, Marino López et al. (Operation Genesis), Colombia, March
31, 2011, paragraph 101; IACHR, Report No. 62/08, Manuel Cepeda Vargas, July 25, 2008, paragraphs 70 and 71.
24
IACHR, Report No. 64/11, Case 12.573, Merits Report. Marino López et al. (Operation Genesis), Colombia, March
31, 2011, paragraph 103, referencing IACHR, Report No. 62/08, Manuel Cepeda Vargas, July 25, 2008, footnotes on pages 102,
107-108; IACHR, Report No. 22/08, The Dos Erres Massacre, March 14, 2008, footnotes on pages 50, 72, 78; IACHR, Report No.
46/10, Case of the Río Negro Community of the Mayan Indigenous People and its members (Río Negro Massacre), July 14, 2010,
footnotes on pages 2, 12,, 14, 22, 26, 37, and 51, and IACHR, Report No. 62/06, Case of Yvon Neptune, July 20, 2006, paragraphs
62 and 63.
25
Annex 1. Certification by the Secretariat of Community Development, Medellín’s Mayor’s Office, of Miryam
Eugenia Rúa Figueroa as Chair of the Community Action Board from September 26, 2001 to June 30, 2004, Barrio Nuevo,
February 19, 2002. Attachment to the original petition received in the matter of Miryam Eugenia Rúa Figueroa – Comuna 13 –
October 27, 2004.
26
Annex 2. Public deed documenting the sale of the real estate located on Calle 48 CB 121 D-21, Barrio Nuevo, La
Loma, Medellín, and transfer of title to said property to Miryam Eugenia Rúa Figueroa, dated April 21, 1992. Attachment to the
original petition received in the matter of Miryam Eugenia Rúa Figueroa – Comuna 13 – October 27, 2004.
27
Annex 3. Statement received from Miryam Eugenia Rúa Figueroa by the GIDH (Inter-Disciplinary Group for Human
Rights) addressed to the Inter-American Commission on Human Rights, April 27, 2012. Annex 5. Communication of the
Petitioners in reference to the matter of Miryam Eugenia Rua Figueroa et al – Case 12.595, dated May 3, 2012.