Report No. 213 (2020) IACHR. Petition No. 13.319 (Colombia)

• Case Number: 13.319
• Year: 2020
• Report Number: 213
• Respondent State: Colombia
• Case Type: Friendly Settlements
• Court: Inter-American Comission of Human Rights
• Alleged Victim: Willam Fernández Becerra y familia

REPORT No. 213/20

CASE 13.319

FRIENDLY SETTLEMENT

WILLAM FERNÁNDEZ BECERRA AND FAMILY

COLOMBIA

OEA/Ser.L/V/II.

D.. 227

17 A. 2020

Original: Spanish

Electronically approved by the Commission on A. 17, 2020.

Cite as: IACHR, R. No. 213/20, C. 13.319. Friendly Settlement. Willam Fernández Becerra and Family. Colombia. A. 17, 2020.

www.iachr.org

REPORT No. 213/20

CASE 13.319

FRIENDLY SETTLEMENT

WILLAM FERNÁNDEZ BECERRA AND FAMILY

COLOMBIA

AUGUST 17, 2020

1. SUMMARY AND PROCEDURAL ASPECTS RELATED TO THE FRIENDLY SETTLEMENT PROCESS

1. On J. 23, 2008, the Inter-American Commission on Human Rights (hereinafter “the Commission” or the “IACHR”) received a petition presented by L.G.S.E. (hereinafter “the petitioners” or “the petitioner party”) which claimed the international responsibility of the Republic of Colombia (hereinafter “the S.” or “the Colombian S.”) for the events that surrounded the death of W.F.B., 17 years old, who died in the early hours of the A. 26, 1996 on the Pan-American highway that leads from the city of Popayán to that of Pasto, municipality of Mercaderes, as a result of six firearm impacts, allegedly carried out by agents of the Colombian National Police (CNP) who were involved in a "land anti-piracy" mission.

2. On January 27, 2017, the IACHR declared the petition admissible, through its R. No. 10/17, in which it concluded that it was competent to examine the alleged violation of the rights enshrined in Articles 4 (life), 5 (humane treatment), 8 (fair trial), 19 (rights of the child) and 25 (judicial protection) of the American Convention in relation to its articles 1.1 (obligation to respect rights) and 2 (domestic legal effects).

3. On J. 16, 2019, the parties submitted a Memorandum of Understanding of initiation of the friendly settlement, which was materialized with the signing of a friendly settlement agreement (hereinafter “FSA” or “agreement”) on April 29, 2020. L., as established in the fifth section of the FSA, the parties jointly requested the immediate approval of the friendly settlement agreement. S., on J. 15, 2020, the parties signed an addendum to the friendly settlement agreement, which was forwarded to the Commission on J. 22, 2020, reiterating the request for approval of the agreement.

4. In this friendly settlement report, as established in Article 49 of the Convention and Article 40.5 of the Rules of Procedure of the Commission, a review of the facts alleged by the petitioner is made and the friendly settlement agreement, signed on April 29, 2020 by the petitioner and representatives of the C.S., is transcribed. L., the agreement signed between the parties is approved and the publication of this report in the Annual R. of the IACHR to the General Assembly of the Organization of American S.s is decided.

2. FACTS ALLEGED

5. The petitioner alleged that W.F.B., 17 years old, died in the early hours of A. 26, 1996 on the Pan-American highway that leads from the city of Popayán to that of Pasto, municipality of Mercaderes, as a result of six impacts of a firearm, allegedly carried out by agents of the Colombian National Police (CNP), who were carrying out a "land anti-piracy" mission.

 

6. According to the information provided by the petitioner, Mr. William Alfonso Fernández, father of the alleged victim, allegedly reported the crime of homicide on A. 26, 1996, at the Office of the Prosecutor before the Criminal Judges of the Mercaderes Circuit. He pointed out that said complaint was forwarded to Judge No. 62 of Military Criminal Investigation who, on J. 12, 1997, refrained from issuing an assurance measure against the five policemen involved and ordered that the proceeding be closed on the grounds that they acted in self-defense. A., the petitioner pointed out that the Criminal and Military Judicial Prosecutor filed a writ for reconsideration, with an appeal in the alternative, questioning the absence of evidence to justify the self-defense. A., the petitioner noted that on November 12, 1997, the Superior M.C. reversed the determination of the 62^nd Court of Military Criminal Investigation, establishing that “the investigation must continue its course with a view to ensuring that the modal circumstances in which the bloodshed took place”. Due to the foregoing, the petitioner stated that the military justice did not comply with the standards of competence, independence and impartiality and that the next of kin could not appeal the decision of the 62^nd Court to close the proceeding, since they were not a party to it because they lacked economic resources to pay a lawyer.

7. A., the petitioner alleged that on September 23, 1997, the next of kin filed an action for direct reparation against the CNP before the Administrative Court of Cauca, which was denied on November 16, 1999. This resolution was appealed and on January 24, 2000, the Council of S. received the case and reversed the first instance judgment on February 18, 2010, ordering the S. to pay compensation for damages. On these grounds, the petitioner alleged that there was an excessive delay in the administrative litigation proceeding.

3. FRIENDLY SETTLEMENT

8. On April 29, 2020, the parties executed a Friendly Settlement Agreement, with its text reading as follows:

FRIENDLY SETTLEMENT AGREEMENT

CASE 13.319 WILLAN FERNANDEZ BECERRA AND FAMILY

On April 29, 2020, in the city of Bogotá D.C., Ana María Ordoñez Puentes, Director of International Legal Defense of the National Agency of Legal Defense, acting in name and on behalf of the C.S. and who will be hereinafter referred as “Colombia S.”, and L.G.S.E., who acts as the petitioner in this case and will be hereinafter referred to as “the petitioner”, adopt the instant Friendly Settlement Agreement in the case No. 13.319 W.F.B. being considered by the Inter-American Commission on Human Rights.

BACKGROUND

1. P. to the Judgment issued by the Third Section of the Council of S. on February 18, 2010, the facts of the case refer to the actions of the members of the police patrol that on A. 26, 1996 killed Mr. W.F.B., through shots fired with their official firearms, used in the act of service, in the vicinity of the village of El Cardo, a district of the municipality of Mercaderes (Cauca). A., in accordance with the alleged facts, the Military Criminal Justice, the jurisdiction that investigated the facts, did not comply with the standards of competence, independence and impartiality.

2. Through its R. on Admissibility No. 10 of 2017, the Inter-American Commission on Human Rights declared the petition admissible for possible violations of the rights recognized in articles 4 (life), 8 (fair trial), 19 (rights of the child) and 25 (judicial protection) of the American Convention on Human Rights (ACHR) to the detriment of W.F.B., as well as articles 5 (humane treatment), 8 (fair trial) and 25 (judicial protection) of the ACHR to the detriment of his relatives, in accordance with articles 1.1 and 2 of the same instrument.

3. On J. 11, 2019, the C.S. and the representatives of the victims signed a Memorandum of Understanding in order to reach a friendly settlement.

4. In the following months, joint meetings were held to analyze the proposals of both parties in order to develop this friendly settlement agreement, in the following terms:

FIRST: ACKNOWLEDGEMENT OF RESPONSIBILITY

The Colombian S. recognizes its international responsibility for the violation of the right to life (Art.4), the right to fair trial (Art. 8), the rights of the child (Art. 19) and the right to judicial protection of the American Convention. on Human Rights to the detriment of W.F.B., as well as the rights to humane treatment (Art. 5), the right to fair trial (Art. 8) and the right to judicial protection (Art. 25) of the ACHR to the detriment of his relatives, in accordance with article 1.1 of the same treaty.

SECOND: SATISFACTION MEASURES

The S. of Colombia undertakes to carry out the following measures:

• Act of Acknowledgment of Responsibility.

An act of acknowledgment of private responsibility, which will be led by the Commander of the Metropolitan Police of Popayán. The act of acknowledgment of responsibility will be carried out with the active participation of the next of kin and the representative of the victims. In it, the responsibility of the S. will be acknowledged in the terms established in this agreement. The logistical and technical aspects of this measure will be in charge of the Ministry of National Defense, National Police.

• Publication of the facts

The Colombian S. agrees to publish the report of Article 49 of the American Convention on Human Rights issued by the Inter-American Commission on Human Rights that approves the friendly settlement agreement, on the websites of the Ministry of National Defense and the National Agency of Legal...