IACHR submits case concerning Colombia to IA Court over murders and enforced disappearances

October 7, 2024

Washington, D.C. - On July 28, 2024, the Inter-American Commission on Human Rights (IACHR) filed Case 12.434, José Milton Cañas and others, against Colombia with the Inter-American Court of Human Rights (IA Court). The case concerns the death of 7 people and the enforced disappearance of 25 by paramilitary forces in Barrancabermeja during the armed conflict in the country.

In the 1980s, Colombia's Magdalena Medio region experienced intense clashes between the Army, guerrilla groups, and paramilitary forces, who also received military support. The early 1990s saw the rise of paramilitary groups such as the United Self-Defense Forces of Santander and Sur del Cesar (AUSAC), which sought to quell guerrilla groups in strategic areas where illegal crops were grown.

In May 1998, members of AUSAC carried out a series of attacks on various neighborhoods in Barrancabermeja, where they kidnapped, tortured, and murdered civilians. The victims of these crimes included Pedro Julio Rondón Hernández, José Javier Jaramillo Díaz, Nehir Enrique Guzmán Lázaro, Luis Jesús Arguello Solano, Diomidio Hernández Pérez, Eliécer Javier Quintero Orozco, and Germán León Quintero, who were murdered. During their raid on the area, dozens of people were captured. Many were found dead the following day, while others remain missing.

Testimonies and reports suggest that state security forces and paramilitary groups may have worked together, which enabled these crimes to be committed without intervention by authorities. Although some members of both groups have been prosecuted and sentenced, the judicial proceedings have been slow, such that several perpetrators have not yet been captured. Investigations are ongoing: some cases are still in the early stages, while others have been settled under the Justice and Peace Act.

In Merits Report No. 141/21, the IACHR found substantial evidence of coordination between AUSAC and military agents during these events. Testimonies from witnesses and members of the paramilitary forces and reports from international organizations indicate that individuals wearing Army and Department of Administrative Security (DAS) uniforms were involved in the crimes.

The IACHR has criticized the lack of diligence in investigating the incidents. Despite immediate complaints from families and local residents, authorities failed to take initial steps to investigate or preserve evidence implicating security forces. The investigation was marred by omissions and obstruction. While some military personnel have faced prosecution, there has been little progress in identifying other actors, including high-ranking officers and state agents, resulting in a prolonged state of impunity.

In response to the fact that some victims are still missing, the IACHR concluded that ongoing internal investigations have failed to guarantee justice or provide adequate reparations for victims and their families. The prolonged suffering and struggle for justice have profoundly affected the personal integrity of the victims' families.

Based on these findings, the IACHR concluded that the State of Colombia is responsible for violating the rights to recognition as a person before the law, life, personal integrity, personal liberty, judicial guarantees, the rights of the child, and judicial protection, as established in articles 3, 4, 5, 7, 8.1, 19, and 25.1 of the American Convention on Human Rights, in conjunction with article 1.1, to the detriment of the individuals mentioned in each section of the report. The State was also found responsible for violations of articles I(a), I(b), and III of the Inter-American Convention on Forced Disappearance of Persons, effective from the treaty's entry into force in Colombia.

The IACHR recommended that the State of Colombia undertake the following measures of reparation:

1. Provide full reparation for the human rights violations listed above, including compensation for material and moral damages.
2. Offer medical treatment and psychological support to victims and their families, as necessary.
3. Implement a search plan for the missing victims, in which their families should be actively involved.
4. Continue investigations to identify and prosecute those responsible, incorporating a gender approach in cases involving women and girls.
5. Strengthen measures to prevent the recurrence of such events, including enhancing investigative capacity and improving witness protection mechanisms.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 242/24

10:00 AM