Report No. 115 (2021) IACHR. Petition No. 13.171 (Colombia)

• Year: 2021
• Case Type: Friendly Settlements
• Respondent State: Colombia
• Court: Inter-American Comission of Human Rights

REPORT No. 115/21

CASE 13.171

FRIENDLY SETTLEMENT

LUIS ARGEMIRO GÓMEZ ATEHORTUA

COLOMBIA

OEA/Ser.L/V/II.

D.. 123

13 J. 2021

Original: Spanish

Electronically approved by the Commission on J. 13, 2021.

Cite as: IACHR, R. No. 115/21 Case 13.171. Friendly Settlement. Luis Argemiro Gómez Aterhortua. Colombia. J. 13, 2021.

www.iachr.org

REPORT No. 115/21

CASE 13.171

FRIENDLY SETTLEMENT

LUIS ARGEMIRO GÓMEZ ATEHORTUA

COLOMBIA

JUNE 13, 2021

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

1. On November 20, 2006, the Inter-American Commission on Human Rights (hereinafter, “the Commission” or the “IACHR”) received a petition filed by R.F.P.S. y Luz Estella Posada B. (hereinafter, “petitioners” or the “petitioning party”), which alleged the international responsibility of the Colombian state, for the violation of the human rights recognized under articles 6, 7 and 10 of the International Covenant on Civil and Political Rights, in relation to L.A.G.A.. The foregoing, due to the lack of reparation for the death of L.A.G.A. and the alleged torture committed against him, which allegedly occurred on February 5, 1999, while he was detained in the Colombian National Police facilities. L., due to the lack of investigation of the facts by the S..

2. On M. 19, 2018, the Commission notified the parties of the decision to defer the treatment of the admissibility of the case until the merits stage of the case, in accordance with Article 36 (3) of its Rules of Procedure and Resolution 1/16 on measures to reduce the procedural backlog.

3. On A. 10, 2018, the petitioning party expressed to the IACHR its interest in initiating a friendly settlement process with the Colombian S. and requested the Commission's endorsement to do so. T. information was communicated to the S. on February 19, 2019. On M. 18, 2019, the S. indicated that it would contact the petitioners and the victim's next of kin, in order to learn of their claims and confirm their interest in initiating a friendly settlement process.

4. On J.9., 2020, the parties met in the city of Bogota, and signed a memorandum of understanding, whereby they committed to initiate a friendly settlement process and work through joint meetings to convey the elements of the friendly settlement.

5. On December 2, 2020, representatives of the Colombian S. and the petitioners met in the city of Bogotá to sign a friendly settlement agreement, the implementation of which has been supervised by the Commission. S., on M. 19, 2021, the parties submitted a joint report to the Commission on the progress made in complying with the friendly settlement agreement and jointly requested its homologation.

6. T. friendly settlement report, pursuant to Article 49 of the Convention and Article 40.5 of the Commission’s Rules of Procedure, includes the facts alleged by the petitioners and transcribes the friendly settlement agreement, which was signed on December 2, 2020, by the petitioner and representatives of the Colombian S.. 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 agreed.

2. THE FACTS ALLEGED

7. According to the petitioner, on February 4, 1999, L.A.G. Atehortua and R.M.M.S. were captured by members of the Gaula Group of the National Police, due to alleged illegal activities they had committed. They were then transferred to the city of Medellín and placed in the cells of Gaula Group No. 2 (Judicial Police Investigative Unit). According to a report from the Immediate Reaction Unit of the A. General's Office, on February 5, 1999, Mr. G.A. died in the cell where he was being held.

8. According to the report of the judicial inspection of the corpse by the Office of the A. General of the Nation, the body of Mr. L.A. G.A. was found in his cell, in an incomplete suspended position, and with wounds on his arms. In that regard, the petitioners indicated that the victim committed suicide in the cell where he was in the custody of the Gaula Group No. 2. The petitioners also added that the victim's death could have been prevented had it not been for the negligence of the Gaula agents, and that they became aware of his death several hours later. The report of the Prosecutor General's Office established that copies of the facts should be submitted to the Military Criminal Justice, the A. General's Office, and the Prosecutor's Office in charge.

9. On February 5, 1999, Mr. R.M.M.S. gave an account of the torture, beatings, threats and aggressions that he and Luis Argemiro G.A. had suffered at the hands of members of the Gaula Group. T., he stated that he and the victim had been beaten on multiple occasions, and that his aggressors told him to tell the truth.

10. Regarding the investigation before the Military Criminal Justice, on M. 28, 2001, the 143rd Military Criminal Prosecutor decreed that it was not possible to determine the involvement of any member of the National Police and ceased all investigation and trial proceedings.

11. On August 30, 1999, the victim's family filed an action for direct reparation before the Contentious Administrative Court of Antioquia. On J.2., 2005, the Court rejected all the claims in the complaint. On July 6, 2005, the petitioner filed an appeal against the decision of dismissal, which was rejected by the same Court arguing that the extent of the claim made it inadmissible before the superior body.

12. On October 11, 2005, the victim's relatives filed a guardianship action before the Council of S.. On February 6, 2006, the High Court denied the appeal and its subsequent challenge. On May 8, 2006, the Constitutional Court excluded the guardianship decision from its review.

3. FRIENDLY SETTLEMENT

13. On December 2, 2020, the parties signed a friendly settlement agreement on the following terms:

FRIENDLY SETTLEMENT AGREEMENT

Case 13.171 L.A.G.A.

On December 02, 2020, in the city of Bogotá D.C., Ana María Ordóñez Puentes, Director of International Legal Defense of the National Agency for the Legal Defense of the S., acting for and on behalf of the C.S., hereinafter referred to as the "Colombian S.", and on the other hand, the Organization Indemnizaciones Paz, represented by Roberto Fernando Paz Salas, acting as petitioner in this case, hereinafter referred to as "the petitioner" sign this Friendly Settlement Agreement in the case No. 13,171 processed by the Inter-American Commission on Human Rights.

PART ONE: CONCEPTS

For the purposes of this Agreement, it will be understood as:

IACHR or Inter-American Commission: Inter-American Commission on Human Rights.

Non-pecuniary damage: H. effects of the facts of the case that do not have an economic or patrimonial nature, which are manifested through the pain, affliction, sadness, anguish and anxiety of the victims.

S. or Colombia: In accordance with Public International Law, it will be understood that it is the signatory of the American Convention on Human Rights (hereinafter “Convention or ACHR”); the Colombian S..

S. measures: Non-pecuniary measures whose purpose is to seek the recovery of the victims of the damage that has been caused. Some examples of this type of measure are: public knowledge of the truth and acts of redress.

Parties: S. of Colombia, next of kin of the victim, as well as the representatives of the victims.

A. of responsibility: Acceptance of the facts and human rights violations attributed to the S..

Integral Reparation: All those measures that objectively and symbolically restore the victim to the S. prior to the commission of the damage.

Representatives of the victims: Indemnizaciones Paz, represented by Dr. R.F.P.S..

Friendly Settlement: Alternative conflict resolution mechanism, used for peaceful settlement and agreed upon before the Inter-American Commission.

Victims: Relatives of Mr. L.A.G.A..

PART TWO: BACKGROUND

1. The facts of the petition refer to the capture of Roberto Mauricio M.S. and L.A.G.A., on February 4, 1999, by members of the Gaula of the National Police. Messrs. M.S. and G.A. were taken to the cells of the Gaula - National Police of Medellín.

2. On February 5, 1999, the agents in charge of reviewing the cells did not do so in the right time and occasion. In accordance with the petition, Mr. G.A. committed suicide while in the custody of Gaula agents of the National Police.1

3. By the time the body of Mr. G.A. was discovered, it showed advanced postmortem signs, which confirms the lack of diligence of the members of the National Police in the surveillance and control of the inmates.2

4. On November 21, 2006, the Inter-American Commission on Human Rights received a petition presented by Dr. R.F.P.S., in which he alleged the international responsibility of the S. for the events surrounding the death of Mr. L.A.G. Atehortua, as well as the lack of investigation.

5. On August 30, 1999, Mrs. Luz Estela Posada B. and her children filed a claim for direct reparation against the Ministry of Defense - National...