IACHR Publishes Friendly Settlement Agreement on Case 14,312, Concerning the Failure to Investigate the Homicides of Two Brothers in Colombia

November 4, 2022

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) has decided to approve the friendly settlement agreement concerning Case 14,312—Juan Carlos and Javier de la Calle Jiménez, Colombia—and to publish approval report 170/22. This case concerns the international responsibility of the Colombian State for failing to investigate the alleged murders of Juan Carlos de la Calle Jiménez in November 1986 and Javier de la Calle Jiménez in November 1988, in the municipality of Urabá, in the department of Antioquia—allegedly at the hands of members of the rebel group Revolutionary Armed Forces of Colombia (FARC)—and for failing to punish their perpetrators.

On July 8, 2021, the parties signed a memorandum of understanding in search of a friendly settlement, which led to the signing of this agreement on November 26, 2021, in Bogotá. In this agreement, the State acknowledged its international responsibility for omitting to do its duty to protect the rights held in Articles 8 (right to a fair trial) and 25 (right to judicial protection) of the American Convention on Human Rights, in accordance with Article 1.1 of the Convention, to the detriment of Juan Carlos de la Calle Jiménez and Javier de la Calle Jiménez, for lack of diligence to investigate these events.

The State committed to implementing the following redress measures: (1) holding a virtual private event to acknowledge its responsibility; (2) posting this approval report on the website of the National Legal Defense Agency for a period of six months; and (3) providing financial compensation through the mechanism that was set up by Act 288 of 1996.

In friendly settlement report 170/22, the IACHR highlighted full compliance with measures concerning the private event to acknowledge responsibility and noted that other commitments remained pending. The Commission will therefore continue to monitor this agreement until full implementation has been verified.

The Commission acknowledges the efforts made by both parties to negotiate a friendly settlement agreement that is compatible with the Convention's goals and purposes. The IACHR commends the State on its efforts to develop a public policy concerning friendly settlements and alternative conflict-resolution. The IACHR invites the State to continue to use the friendly settlement mechanism to resolve other cases that are currently being addressed in the individual petition and case system. The Commission congratulates the petitioning party for all its efforts to take part in negotiations and to seek implementation of this agreement.

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. 249/22

2:30 PM