13
A.
Preliminary Matters for Consideration
63.
Prior to examining the merits of the matter, the Commission deems it necessary to
address the objection made by the Colombian State regarding jointly ruling on admissibility and the
merits, as provided for in Article 37.3 of the Rules of Procedure of the Commission in force at that time.
In this regard, the Commission would bring to the attention of the State that the Convention does not
contain any provision requiring that separate reports on admissibility and the merits be issued.
Accordingly, in exercising its wide-ranging discretion and autonomy, the Commission has explored a
variety of alternatives to rule on the different aspects of a case. The Commission began to clearly
separate the admissibility stage from the merits stage as recently as 2001 by introducing a rule providing
for two separate reports. In that same vein of thought, the Commission also deemed it important to
provide in the Rules for the possibility of examining admissibility and the merits together in cases
involving extensive processing or particular circumstances warranting such an approach. This was the
aim and purpose of then Article 37.3 (now Article 36.3) of the Rules of Procedure of the Commission.
As can be surmised from the text itself of this provision and its application to the processing of the
instant case, this practice in no way affects State’s right of defense and to confront evidence, to the
extent that ample opportunity is granted to the parties to submit their arguments on both admissibility
and the merits.
64.
Accordingly, the decision to issue a joint report on admissibility and the merits in the
instant case was made on February 15, 2008, based on the passage of time and, as indicated to the
parties, taking into account “the ample opportunity that the parties had to provide information
regarding the petition lodged.”
B.
Proven Facts
1.
Context
1.1.
Creation and Operations of the Self-Defense Forces of Magdalena Medio
65.
In the early 1980s, several different armed groups were operating in the region of
Magdalena Medio.8 For this reason, the military forces began to establish ‘self-defense groups’ in order
to counteract their operations.9 One of these groups called itself the Self-Defense Forces of Magdalena
Medio (Autodefensas del Magdalena Medio), was led by Ramón María Isaza Arango and was made up of
peasant farmers, who owned small or medium size tracts of land.10 According to statements of Ramón
Isaza, the Self-Defense Forces of Magdalena Medio were created on February 22, 1978, in order to
combat the guerrilla forces because these forces “ran the area.”11 In order to achieve this end, as is
8
Magdalena Medio is a region located in northern Colombia, mainly in the Department of Antioquia, though it also
encompasses parts of the Departments of Bolivar, Boyaca, Cesar and Santander.
9
Annex 1. Report No. 032. Sectional Directorate of the Technical Investigation Corps of the Office of the Attorney
General of the Republic. Intelligence Report on the self-defense groups, dated June 28, 1996. Annex to the communication of
the petitioners of October 5, 2000.
10
Annex 2. General Report of the Historical Memory Group ¡Basta ya! Colombia: Memorias de guerra y dignidad.
[‘Enough Already! Colombia: Memories of War and Dignity.] Imprenta Nacional [Government Printing Office]. 2013, pg. 134.
11
Annex 3. Initial statement on the facts of Ramón Isaza Arango to the Office of the Special Prosecutor attached to
the National Human Rights and International Humanitarian Law Unit, dated April 23, 2007. Annex to the submission of the
petitioners of May 7, 2007.