REPORT Nº 102/11 1 PETITION 10.737 ADMISSIBILITY VÍCTOR MANUEL ISAZA URIBE AND FAMILY COLOMBIA July 22, 2011 I. SUMMARY 1. In December 1990, the Inter-American Commission on Human Rights (hereinafter “ the Commission” ) received a petition submitted by the Asociación de Familiares de Detenidos Desaparecidos (ASFADDES) and the Comisión Colombiana de Juristas (hereinafter “ the petitioners” ) alleging that on November 19, 1987, w ith the acquiescence of agents of the Republic of Colombia (hereinafter “ the State,” “ the Colombian State,” or “ Colombia” ), unknow n persons abducted Víctor Manuel Isaza Uribe from the La Sierra prison in the municipality of Puerto Naré, Department of Antioquia. The petitioners allege that since then the alleged victim is disappeared and the judicial system has not clarified the facts. 2. The petitioners allege that the State w as responsible for violating the rights to recognition of juridical personality, life, personal integrity, freedom of thought and expression, protection of the family, judicial guarantees and judicial protection, as established in Articles 3, 4, 5(1), 8(1), 13, 17, and 25 of the American Convention on Human Rights (hereinafter the “ Convention” or “ American Convention” ) as they relate to the duty to guarantee rights in accordance w ith Article 1(1) of that convention. For its part, the State alleges that the petition is inadmissible given that the claims made by the petitioners do not represent violations of the American Convention. 3. After analyzing the positions of the part ies and compliance w ith the requirements under Articles 46 and 47 of the American Convention, the Commission decided to declare the complaint admissible for purposes of examining the alleged violation of Articles 3, 4(1), 5, 7, 8(1), and 25, consistent w it h Article 1(1) of the American Convention and pursuant to the principle of iura novit curia, Article 16 of the American Convention, and Article I of the Inter-American Convention on Forced Disappearance of Persons. It also decided to declare inadmissible the claims relating to Articles 13 and 17 of the American Convention, to notify the parties, and order publication of its report and inclusion thereof in its Annual Report to the General Assembly of the OAS. II. PROCESSING BY THE COMMISSION 4. The IACHR recorded the petition under No. 10.737 and after a preliminary analysis proceeded on December 26, 1990 to forw ard copy of the relevant sections to the State, allow ing it a period of ninety days to submit information in accordance w ith Article 34(3) of the Rules of Procedure in effect at the time. On April 3, 1991, the Commission again asked the State for information. The Commission received the State’ s observations on April 9, 1991 and forw arded them to the petitioners for their observations. On June 10, 1991, the petitioners submitted their observations, w hich w ere forw arded to the State for its observations. 5. On August 22, September 16, October 11, and October 21, 1991, the State submitted observations, w hich w ere forw arded to the petitioners for their obser vation. On October 1 Pursuant to Article 17.2 of the Commission’ s Rules of Procedure, Commissioner Rodrigo Escobar Gil, a native of Colombia, did not participate in the discussion or decision in this case.