IACHR Files Application Before Inter-American Court of Human Rights in a Case Concerning Colombia About the Murder of a Human Rights Defender

January 30, 2024

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) filed on December 16, 2023, an application before the Inter-American Court of Human Rights in Case 12,295, with regard to Colombia. This case concerns the murder of human rights defender Jesús Ramiro Zapata in 2000 in the municipality of Segovia, in the department of Antioquia.

Events in this case happened amid political violence in a context of armed conflict in Colombia. Jesús Ramiro Zapata, a teacher and a human rights defender, actively denounced the ties between the State's security forces and paramilitary groups in the massacres that were perpetrated in Segovia in 1988 and 1996. He suffered hounding, harassment, and criminalization for his work as a human rights defender. He was also subjected to intelligence investigations where he was described as a militia member and a rebel group member, ideologue, and extremist. Among other operations, his home was raided in 1996 and he was arrested without the required court warrant.

Zapata moved to Medellín in 1997 to preserve his life and integrity. However, he had serious financial problems that forced him to return to Segovia in early 1998, to go back to his old job in an educational institution. Given that he was at risk, the IACHR granted precautionary measures in his favor in 1998. Zapata was murdered on May 3, 2000, by individuals who identified themselves as members of the paramilitary group Autodefensas Unidas de Colombia (United Self-Defense Forces of Colombia).

His nephew Adrián Alberto immediately reported the crime to the military command in charge and asked that his body be adequately removed. The Delegate Unit in the relevant Criminal Circuit Court ordered the start of an investigation. However, while several proceedings were conducted, the individuals responsible for this murder were never identified. It was only in March 2019 that the Office of Public Prosecutor 69, attached to a Specialist Unit for Human Rights Violations, ordered that this investigation be relaunched.

In Merits Report 299/20, the IACHR found that, despite the precautionary measures that were in force and despite being aware of the risks, the Colombian State had failed to comply with its duty to protect this human rights defender, which entailed that the State had failed to comply with its obligation to prevent violations of the right to life. The Commission concluded that the State was responsible for this violation of Zapata's right to life. The IACHR further found serious deficiencies in State procedures, because the State failed to preserve the crime scene and allowed the body to be tampered with, which compromised access to crucial evidence. The Commission also noted the fact that this investigation started one day after Zapata's death and had lasted more than 19 years. The Commission therefore found that the State had violated the rights to judicial guarantees and to judicial protection.

The IACHR stressed that Zapata had been a victim of judicial harassment and of acts of hostility aimed at hindering his work in defense of human rights that had led to his forced displacement. These actions affected his rights to integrity, honor and dignity, and freedom of expression, association, and movement. Finally, the IACHR stressed that the loss of a loved one in circumstances like these and the subsequent delay in access to truth and justice had caused Zapata's family constant suffering as well as violations of their own right to physical and moral integrity.

Based on these considerations, the IACHR concluded that the State of Colombia was liable for violations of the rights held in Articles 4.1, 5.1, 8.1, 11.1, 13.1, 16.1, 22.1, and 25.1 of the American Convention on Human Rights, in keeping with the obligations held in Article 1.1 of the same instrument.

The Commission therefore recommended that the State adopt the following redress measures:

1. Provide comprehensive reparations for all human rights violations, including financial compensation and other redress measures to supplement the measures that have already been taken.
2. Provide any physical and mental healthcare necessary for the rehabilitation of members of Zapata's family, in agreement with them.
3. Further pursue the relevant criminal investigation and conduct it in a diligent, effective, and timely fashion, with a view to shedding light on these events, identifying anyone responsible for them, and imposing the relevant punishment.
4. Implement non-recurrence mechanisms including the following: strengthening institutions to fight impunity in cases concerning threats against and even deaths of human rights defenders and adopting comprehensive investigation protocols; and taking swift action to provide an institutional response that effectively protects defenders who are at risk, considering any changes of address or travel linked to their work.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 023/24

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