-3-
8.
On June 9, 1993, and on January 18, 1994, the Commission tried,
unsuccessfully, to communicate in writing with the complainant and told her that “if
it did not receive the required information [...], the Commission could suspend
consideration of the case.”
9.
On May 5, 1997, the Comisión Colombiana de Juristas [Colombian Jurists
Commission] and the Asociación de Familiares de Detenidos Desaparecidos
[Association of Next of Kin of the Detained/Disappeared] (hereinafter “the
petitioners”) presented a petition before the Inter-American Commission concerning
the same facts, and a new proceeding was started as case No. 11,748.
10.
On May 20, 1997, the State communicated with the Commission to inform it
that case No. 11,748 “had already been reported and [was] being processed before
[this] instance as case No. 10,566”; it therefore requested the Commission to adopt
“pertinent measures in order to combine and process the case under one case file.”
11.
On May 28, 1997, the Commission informed both parties that the material
facts in case files Nos. 10,566 and 11,748 would be joindered and processed under
case file No. 11,748.
12.
On March 3, 1998, the Commission made itself available to the parties to try
and reach a friendly settlement.
13.
On October 9, 2002, during its 116th regular session, the Commission
adopted Admissibility Report No. 41/02, in which it declared the case admissible. On
October 29, 2002, the Commission made itself available to the parties to help them
seek a friendly settlement.
14.
On October 8, 2003, during its 118th regular session, the Commission
adopted Report No. 44/03, in which it recommended that the State should:
1.
Conduct a complete, effective and impartial investigation in the ordinary
jurisdiction, in order to prosecute and punish all those responsible for the forced
disappearance and extrajudicial execution of the Pueblo Bello victims.
2.
Adopt the necessary measures to find and identify the remains of the victims
whose whereabouts have not yet been established and return these to the next of kin.
3.
Make reparation to the next of kin of the victims for the pecuniary and nonpecuniary damage suffered owing to the violations of the American Convention
established herein.
4.
Adopt the necessary measures to combat and dismantle the paramilitary groups
in accordance with the recommendations adopted by ICHR in its general reports, and by
the international community.
5.
Adopt the necessary measures to avoid the recurrence of similar events in
future, in accordance with the obligation to protect and guarantee the fundamental
rights embodied in the American Convention, and also the necessary measures to
comply fully with the rules of law developed by the Colombian Constitutional Court and
by this Commission in the investigation and prosecution of similar cases by the ordinary
criminal justice system.
15.
On December 23, 2003, the Commission forwarded Report on Merits No.
44/03 to the State, granting it two months from the date of transmittal to provide
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