4
17.
As to the State’s argument about filing for a writ of habeas corpus in the case of the
disappearances, the petitioners claimed that the family members reported the incidents to the Public
Ministry, the bodies of the judiciary and even the municipal offices of the people’s ombudsman. In this
regard, they argued that to file separately for a writ of habeas corpus places an excessive burden upon
them, particularly in light of the risk they were facing at the time. The petitioners contended that
because the State was aware of the complaints, it should have taken the necessary measures to
investigate the incidents and ascertain ex officio the whereabouts of the missing individuals. They
argued that the State, in any case, should have informed the family members that they must pursue the
habeas corpus remedy, being that these families were unfamiliar with the law. Lastly, they alleged that
the habeas corpus remedy was not effective for cases of disappearances of individuals at the time.
18.
With regard to the merits of the matter, the petitioners alleged that the forced
disappearances constitute violations of Articles 4, 5 and 7 of the American Convention. On this score,
they contended that the State not only tolerated the Self-Defense Forces of Magdalena Medio freely
operating to perpetrate the disappearances and the murder, but that several members of the Armed
Forces played an active role in the crimes.
19.
Regarding the right to life, the petitioners claimed that the missing persons were
murdered and their bodies dumped in different rivers of the area. In this regard, they contended that
the State also violated its obligation to ensure the right to life for failing to prevent the forced
disappearance and death of the victims. They further argued that two of the missing victims were
valuable witnesses to prior crimes, which are also part of the instant case. As to the right to personal
liberty, the petitioners asserted that illegal and arbitrary detentions were made, inasmuch as no arrest
warrants had been issued nor had any situation in flagrante delicto arisen. On the contrary, they
contended that “their whereabouts” remain “anonymous.” They specifically claimed that in the case of
María Irene Gallego Quintero, she was illegally and arbitrarily detained by FTA troops. They noted that
even though she was remanded to the custody of the Office of the Prosecutor of the Municipality of El
Santuario, she is still missing and was last seen with army troops on July 15, 1996. In the case of the
individual known by the alias Fredy, the petitioners claimed that there is a video recording in which he
appears in a paramilitary camp in Magdalena Medio, forced to join that group as way of saving his own
life. With regard to the right to humane treatment, the petitioners alleged that the missing persons
were subjected to disgraceful and inhuman treatment as a consequence of the terror they experienced
when they were deprived of liberty and taken to an unknown location.
20.
Additionally, the petitioners argued that the State violated the obligation to provide
special protection to children, as set forth in Article 19 of the American Convention, for the forced
disappearances of Óscar Zuluaga and Juan and Miguel Cardona. They also contended that the child
Andrés Suárez Cordero was stolen from his parents and forced to live out his childhood with the
members of the paramilitary group the Self-Defense Forces of Magdalena Medio. In this regard, they
asserted that no mechanism for the psychosocial recovery and treatment of Andrés Suárez Cordero,
who lives with a daughter of a paramilitary leader, has been provided for.
21.
Petitioners also alleged that the State violated the right to humane treatment of the
next-of-kin of the victims of the disappearances, inasmuch as “the terror and fear that this type of
criminal practices entails for their family members becomes interminable while they do not know the
whereabouts.” They further contended that such a situation precludes the family from holding a burial
in keeping with their traditions, values or beliefs. They argued that the disappearances affected a