Hostname: page-component-77c89778f8-fv566 Total loading time: 0 Render date: 2024-07-16T17:16:53.899Z Has data issue: false hasContentIssue false

“Mapiripán Massacre” v. Colombia

Inter-American Court of Human Rights.  07 March 2005 ; 15 September 2005 ; 08 July 2009 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

State responsibility — American Convention on Human Rights, 1969 — Obligation to respect rights and domestic legal effects — Articles 1(1) and 2 as basis for international State responsibility — American Convention on Human Rights as lex specialis vis-à-vis general international law — State responsibility for actions and omissions by public authorities and private individuals — International humanitarian law — Article 3 of 1949 Geneva Conventions and Additional Protocol II — Interpretation of American Convention on Human Rights — State obligations to protect civilians in non-international armed conflict

Human rights — Right to life — Right to humane treatment — Right to personal liberty — Obligation to respect rights — American Convention on Human Rights, 1969 — Condition to ensure right to life — Duty to investigate violations of that right — Non-identification of victims as result of massacre and grave lack of compliance with State’s duty to protect — No limitation of victims to those identified — Right to humane treatment of family members — No evidence required of grave impact on emotional well-being — Whether Colombia violating Articles 4, 5 and 7, in relation to Article 1(1) of American Convention on Human Rights

Human rights — Rights of the child — American Convention on Human Rights, 1969, Article 19 — Scope of this right — Convention on the Rights of the Child, 1989, Articles 6, 37, 38 and 39, and Additional Protocol II to the 1949 Geneva Conventions — Interpretation of American Convention on Human Rights — International corpus juris for child protection — Special vulnerability of children in domestic armed conflict — Whether Colombia violating Article 19, in relation to Article 1(1) of American Convention on Human Rights

Human rights — Right to freedom of movement and residence — Differentiated situation of displaced persons — State obligation of preferential treatment and positive steps to reverse effects — Evolutive interpretation of Article 22(1) of American Convention on Human Rights, 1969 — Right to not be forcefully displaced within a State Party — Whether Colombia violating Article 22, in relation to Article 1(1) of American Convention on Human Rights

Human rights — Right to fair trial and right to judicial protection — American Convention on Human Rights, 1969, Articles 8 and 25 — Restrictive and exceptional scope of military criminal jurisdiction — Assessment of effectiveness of domestic administrative proceedings — Result of administrative proceedings taken into account in reparations — Criteria — Length of criminal proceedings — Complexity — Procedural activity of interested party — Conduct of judicial authorities — Pertinence of criteria depending on circumstances of case — State duty to start investigations promptly and ex officio — Procedural activity of interested parties not decisive if limited as result of threats and displacement — Complexity of case linked to acts and omissions by State — Whether Colombia violating Articles 8 and 25, in relation to Article 1(1) of American Convention on Human Rights

International tribunals — Inter-American Court of Human Rights — Preliminary objections by Colombia — Exhaustion of domestic remedies — American Convention on Human Rights, 1969, Article 46 — Content of preliminary objection tied to merits of case — Loss of “preliminary nature” — Partial acknowledgement of international responsibility — Competence of Court — Judgment on Preliminary Objections — Judgment on Merits, Reparations and Costs

Damages — Reparations — Monetary and other — Colombia to investigate liability of masterminds, direct perpetrators, collaborators and those who acquiesced to massacre — Colombia individually to identify executed and disappeared victims and family members — Colombia to establish mechanism with victim representation for compliance with reparations — Colombia to provide treatment to family members of victims as long as necessary and without cost — Colombia to ensure security conditions for displaced family members and inhabitants to enable their return — Colombia to build a monument in remembrance of massacre — Colombia to implement permanent education programme on human rights and international humanitarian law for Colombian Armed Forces — American Convention on Human Rights, 1969, Article 63(1)

Type
Case Report
Copyright
© Cambridge University Press 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)