Report No. 68 (2016) IACHR. Case No. 11.007 (Colombia)

• Case Number: 11.007
• Report Number: 68
• Respondent State: Colombia
• Case Type: Friendly Settlements
• Court: Inter-American Comission of Human Rights
• Alleged Victim: Masacre de Trujillo

REPORT No. 68/16

CASE 11.007

REPORT ON FRIENDLY SETTLEMENT

TRUJILLO MASSACRE

COLOMBIA

Adopted by the C.on at its session No. 2069 held on November 30, 2016

159

th

Regular Period of Sessions.

OEA/Ser.L/V/II.159

D.. 77

30 November 2016

Original: S.

Cite as: IACHR, Report No. 68/16, C. 11.007. Friendly Se ttlement. T..M.re,

Colombia. November 30, 2016.

www.cidh.org

1

REPORT No. 68/16

CASE 11.007

FRIENDLY SETTLEMENT

TRUJILLO MASSACRE

COLOMBIA1

NOVEMBER 30, 2016

I. SUMMARY

1. On M. 16, 1992, the Inter-A. ican C.on on Human Rights ( hereinafter, “the

C.on” or “the IACHR”) received a petition lodged by the Interc ongregational Justice and Peace

C.on (now called the Inter-Church Justice and Peace C.on) [Comisión Intereclesial de Justicia y

Paz] which denou nced that the Republic of Colombia (hereinafter "th e S.e" or "the C. S.e") wa s

responsible for the violence th at occurred in the M. of T. and n eighboring areas in Valle del

Cauca Department between 1988 and 1990. The petitioners denounc ed a profusion of acts that included

extrajudicial executions, to rture, enforced disappeara nces and other seriou s violations of human rights,

through "a succession of wide-ranging criminal actions involving membe rs of the security forces in positions

of authority acting in close collusion with drug traffickers a nd civilian armed groups at their service.”

According to the petitioners, th e state authorities were ineffective in dealing with the events, who se

perpetrators were protec ted by a blanket of impunity, upon their acquit tal by the courts in September 1991.

2. On J. 15, 1992, the J.e Alvear Restrepo Lawyers' Collective C orporation [Corporación

Colectivo de Abogados J.é A...R.repo] became co-petitioner in the petition. The petitioners allege that

the S.e is responsible for violating A.les 4 (right to life), 5 (right to humane treatment), 7 (right to

personal liberty), 8 (right to a fair trial), 11 (right to privacy), 16 (freedom of association), and 25 ( right to

judicial protection) of the A.an Co nvention on Human Rights (hereinafter "the A.an C onvention"),

all in connection with the general obligation to res pect and ensure rights set forth in A.le 1 (1) of that

instrument.

3. On J. 23, 1994, the IACHR placed itself at the disposal of the parties in order to facilitate a

process of seeking a friendly settlement. On J. 1, 1994, the petitioners acc epted the offer. T..S., for its

part, expressed its willingness to initiate the friendly s ettlement process on J. 26, 1994.

4. The parties advanced negotiations for a friendly settlem ent agreement, which were outlined

in memorandums of understa nding. In this way, the C. S.e impl emented a number of measures

between 1994 and the present.

5. On A. 6, 2016, the parties signed a friendly settlement agreement at a working meeting of

the parties accompanied by the Commis sion during its 157th regular session. The meeting was cha ired by

C.oner J.e de Jesus O., in his capacity as IA CHR Rapporteur for Colombia.

6. P. to A.les 49 of the A.an Co nvention and 40 (5) of the C. n’s Rules of

Procedure, this friendly s ettlement report includes a summary of the p etitioners’ allegations and tra nscribes

the friendly settlement agreement signed on A. 6, 2016, by the petitioners and r epresentatives of th e

C. S.e. A., the C.on hereby approves the agreement signed by the parti es and decides to

publish this report in its Annual Report to the General Assembly of the Organization of A.i can S.es.

1 In accordance with A. le 17(2)(a) of the Rules of Procedure of the IACHR, C..E...G. l B., a C.

national, did not participate in the discussion or decision on this case.