IACHR grants precautionary measures in favor of adolescent J.A.R.L. and his father in Colombia

October 4, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 69/2024 on October 2, 2024, to grant precautionary measures in favor of adolescent J.A.R.L. and his father in Colombia, in the belief that they face a serious, urgent risk of suffering irreparable harm to their rights.

According to the request for these precautionary measures, proposed beneficiary J.A.R.L. has been missing since August 21, 2024, after having allegedly been kidnapped by the armed group known as "Jaime Martínez" in Colombia. Since this happened, the father of J.A.R.L. started to receive death threats and intimidation as he searched for his son. Although the adolescent has been formally reported missing several times, there are allegedly no ongoing searches in this case.

The State reported that its Commission to Search for Missing Persons had found no records or reports about the adolescent J.A.R.L. However, the State said that it had requested the activation of the Urgent Search Mechanism to verify and obtain information on this matter. The State further said that it would continue to report on progress made and action taken by the authorities of competent jurisdiction in connection with this case. Finally, the State stressed its commitment and willingness to take any appropriate action and to deploy its institutional weight to effectively and speedily implement the relevant measures.

When assessing this request for precautionary measures, the IACHR took into consideration the allegations in the broader context in Colombia. The IACHR noted the State's stated commitment in this case. However, the IACHR remains concerned about the information it has received, particularly about the State's failure to confirm whether its Urgent Search Mechanism had actually been activated to search for J.A.R.L.

Similarly, the IACHR found no evidence that protection measures had been implemented in favor of the father of J.A.R.L. or that any other action had been taken to support the search for the missing adolescent. Consequently, in keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Colombia to take the following action:

1. Adopt any measures necessary to establish the whereabouts and condition of J.A.R.L., in order to protect his rights to life and personal integrity
2. Take all necessary measures to protect the father of J.A.R.L. from intimidation and other acts of violence while he continues to search for his son
3. Come to an agreement with the father of J.A.R.L. and his representatives concerning any measures that need to be taken
4. Report on any actions adopted to investigate the alleged events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

The fact that these precautionary measures have been granted and their adoption by the State do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the American Convention on Human Rights and other applicable instruments.

The IACHR is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 238/24

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