Report No. 59 (2014) IACHR. Case No. 12.376 (Colombia)

• Case Number: 12.376
• Year: 2014
• Report Number: 59
• Respondent State: Colombia
• Case Type: Friendly Settlements
• Court: Inter-American Comission of Human Rights
• Alleged Victim: Alba Lucía Rodríguez Cardona

REPORT No. 59/14

CASE 12.376

FRIENDLY SETTLEMENT

ALBA LUCÍA RODRÍGUEZ CARDONA

COLOMBIA

Approved by the Commission at its session No. 1994 held on J. 24, 2014

151 Regular Period of Sessions

OEA/Ser.L/V/II.151

Doc. 24

24 J. 2014

Original: Spanish

Cite as: IACHR, Report No. 59/14, C. 12.376. Friendly Settlement. Alba L.R..

.

C.. Colombia. J. 24, 2014.

www.cidh.org

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REPORT No. 59/14

CASE 12.376

FRIENDLY SETTLEMENT

ALBA LUCÍA R.C.

.

C.

.

J. 24, 2014

I. SUMMARY

1. On December 21, 2000, the Inter-American Commission on Human Rights ( hereinafter “the

Inter-American Commission,” “the Commission,” or “the IACHR”) received a petition filed by th e Center for

Justice and International Law (CEJIL) and the Col ombian Network of Women for Sexual and Reproductive

Rights [Red Colombiana de Mujeres por los Derechos Sexuales y Reproductivos] (hereinafter, “the petitioners”)

alleging the international responsibility of the Colombian S. (hereinafter “Colombia,” “the C.

.

S.,” or “the S.”) for violations of the rights enshrined in Article 5 (right to humane treat ment); Article 8

(right to a fair trial); Article 11 (right to privacy); Article 24 (right to equal protection), and Article 25 (right

to judicial protection) of th e American Convention on Human Righ ts (hereinafter “the American Convention,”

or “the Convention”), as well as Article 7 of the "Convention of Belem do Pará," to the detriment of Alba Lucía

R.C. (hereinafter “the victim”).

2. The petitioners alleged that Alba Lucía R., a young peasant woman, was the victim of

a rape that resulted in her pregnancy. S. gave birth to a girl on April 4, 1996 in the bathroom of her house

located in a rural area in the town of Pantano Negro. According to Alba Lucía’s own statements, the newborn

fell into the toilet, “let out a sigh, a nd that was it.” Alba Lucía reportedly cut the umbilical cord with a wire and

wrapped the baby up in a “sack.” S. had lost a lot of blood during the birth, and barely managed to reach her

bed in a semi-conscious state. Alba Lucía was ta ken to the Abejorral public hospital by one of her sisters. The

physician who attended to Alba Lucía and later performed the autopsy on th e infant a ccused her of having

caused the child’s death intentionally, and criminal charges w ere brought against her based on thos e

allegations.

3. On April 2, 1997, in a first instance judgment handed down by the Trial C. of General

Jurisdiction for the District of Abejorral [J uzgado Promiscuo del Circuito de Abejorral], Alba Lucía R.

was sentenced to 42 years and 5 months in prison for the offense of murder. The judgment was upheld on

appeal on August 6, 1997 by the Superior C. of Antioquia [Tribunal Superior de Antioquia]. On M. 7,

2002, the Criminal Cassation Division of the Colomb ian Supreme C. [Sala de Casación Penal de the

Supreme C.] granted the appeal of that judgment based on errors of fact and law, overturned the

conviction, and ordered Alba Lucía R.’s immediate release. Th e petitioners assert that the victim’s

status as an economically disadvantaged peasant woman and unmarried pregnant woman led to the vi olation

of her fundamental rights, in that she was subjected to di scriminatory prosecution based on gender and social

status.

4. On M. 28, 2011, during the 143rd session of the Commission, th e parties signed a Friendly

Settlement Agreement whereby the S. agr eed to implement measures of reparation for the harm caused to

A.L.R..

5. P. to Article 49 of the Convention and Article 40(5) of the Commission’s Rules of

Procedure, this friendly settlement report contains a brief statement of the facts alleged by the petitioners

and the text of the Friendly Settlement Agreement signed by the petitioners and repres entatives of the

Colombian S. on M. 28, 2011. In addition, at the request of the parties and as a matter of exception, the

Commission determines the amounts of c ompensation that the S. must award to Alba Lucía R.

Cardona and approves the agreement entered into by the parties. F., the Commission resolves to publish

this report in the Annual Report to the General Assembly of the Organization of American Stat es.