IACHR grants precautionary measures to Erika Vanessa Trochez and Jazmín Elena Ortiz in Colombia

November 19, 2024

Washington, D.C. — On November 17, 2024, the Inter-American Commission on Human Rights (IACHR) issued Resolution 86/2024 granting precautionary measures to Erika Vanessa Trochez Ortiz and Jazmín Elena Ortiz Urcue after determining their rights to be at grave and urgent risk of experiencing irreparable harm in Colombia.

The requesting party reported that Erika Vanessa Trochez Ortiz was recruited by an armed group on November 11, 2023. In late 2024, she managed to contact her relatives by telephone, allegedly stating that she had been deceived and mistreated and wanted to be rescued. Her current whereabouts and circumstances remain unknown, and concerns about her mental health have been raised. Despite these events having been officially reported, no search protocols have been initiated.

The requesting party alleged that in 2024, a member of an armed group held a gun to the head of Jazmín Elena Ortiz Urcue, Erika Vanessa's mother, when she tried to rescue her daughter from the camp where she was being held. Since then, she has reportedly faced ongoing threats aimed at deterring her search efforts.

The State requested that this request for precautionary measures be dismissed, arguing that although it acknowledges the events, they have not been formally brought to its attention through the established domestic channels. The State has not commented on the situation of Jazmín Elena Ortiz Urcue.

After analyzing the facts and legal arguments, the IACHR determined that both beneficiaries are facing significant risks. With regard to Erika Vanessa Trochez Ortiz, the IACHR took into account the length of time for which she has been held captive, the lack of information about her whereabouts, her mental health history, and the lack of State-organized search efforts, despite its awareness of her situation.

With regard to Jazmín Elena Ortiz Urcua, the IACHR took into account her persistence in searching for her daughter, the fact that the armed group has allegedly identified her, and the lack of evidence of protective measures taken by the State to protect her. Therefore, in accordance with Article 25 of its Rules of Procedure, the IACHR requests that the State of Colombia:

1. take the necessary measures to ascertain the whereabouts and situation of Erika Vanessa Trochez Ortiz in order to protect her rights to life, personal integrity, and health; and to protect the life and personal integrity of Jazmín Elena Ortiz Urcue;
2. take the necessary measures to ensure that Jazmín Elena Ortiz Urcue can continue searching for her daughter and speaking out about her circumstances without fear of being targeted by threats, intimidation, harassment, or violence;
3. coordinate with the beneficiary Jazmín Elena Ortiz Urcue and her representatives on the implementation of these measures; and
4. report on any actions taken to investigate the alleged events that led to these precautionary measures to prevent further such occurrences.

The granting of these precautionary measures and their implementation by the State do not imply any prejudgment on petitions that may be filed before the inter-American system alleging violations of rights protected by the American Convention on Human Rights and other applicable instruments.

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. 289/24

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