IACHR Publishes Friendly Settlement Agreement Concerning Colombia Regarding Asmeth Salazar's Lack of Access to an Effective Judicial Remedy

December 18, 2023

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Washington, DC—The Inter-American Commission on Human Rights (IACHR) announced its decision to approve and publish the friendly settlement agreement for Case 12.490, Asmeth Yamith Salazar Palencia, concerning Colombia, through Approval Report no. 218/23

The case concerns the international responsibility of the State for the lack of access to an effective judicial remedy to determine the rights of Asmeth Yamith Salazar Palencia in light of the final decisions of the Constitutional Court and the Supreme Court of Justice of Colombia.

The parties entered into negotiations by signing a memorandum of understanding on September 20, 2020, and signed a friendly settlement agreement on November 11, 2021. In this agreement, the State acknowledged its international responsibility for violating its obligation to guarantee the rights to judicial guarantees (article 8) and judicial protection (article 25) recognized in the American Convention on Human Rights, in relation to Article 1.1, to the detriment of Asmeth Salazar, who was deprived of access to an effective judicial remedy.

The State undertook to implement the following reparation measures: 1) hold a ceremony to acknowledge responsibility; 2) run a series of online training sessions for judicial officials and other individuals working in the legal sector; 3) publish the friendly settlement agreement on the website of the National Agency for State Legal Defense; 4) analyze and rule on the tutela action filed by Asmeth Salazar against the order issued by the Criminal Cassation Chamber of the Supreme Court of Justice; and 4) grant monetary reparations through the application of Law 288 of 1996.

The IACHR approved the terms of the agreement that was signed and deemed that the measures related to the ceremony to acknowledge responsibility, the online training sessions, and the resolution of the tutela action filed by Asmeth Salazar had been fully complied with. It considered the other commitments to be outstanding and will continue to monitor them until they are fully implemented.

The IACHR acknowledges the efforts made by both parties during the negotiation of the agreement to reach a friendly settlement that is consistent with the object and purpose of the Inter-American Convention. It also welcomes the efforts made by the State to make friendly settlements and alternative dispute resolution a public policy and encourages it to continue using this mechanism to resolve other matters pending before the petition and case system. It also recognizes the role of the petitioning party and appreciates its efforts to participate in the negotiations and to advance the friendly settlement process.

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. 301/23

4:50 PM