IACHR publishes merits report in case concerning Mariela del Carmen Echeverría de Sanguino in Colombia

April 23, 2025

Washington, DC – The Inter-American Commission on Human Rights (IACHR) is publishing Admissibility and Merits Report 37/25, regarding Case 12,952. This case concerns the responsibility of the State of Colombia for violations of Mariela del Carmen Echeverría de Sanguino's right to an effective public defense.

The petition alleged that, in February 1990, Echeverría de Sanguino had been subjected to criminal law proceedings in Colombia where her right to judicial guarantees had been violated. In those proceedings, evidence was used that had been unlawfully gathered in Venezuela, without the required authorization to investigate this case in Venezuela. The petition further alleged that the judge in charge of that case had dismissed evidence presented by Echeverría de Sanguino for reasons that were unclear and that he had refused to require investigations that had been requested by the defense.

In this case, Echeverría de Santino was represented by public defenders who allegedly failed to take essential steps in her defense, which left her effectively defenseless. The petition further alleged that she had had no access to effective judicial remedies, since her appeals and other legal action she had taken had all been dismissed without adequate analysis.

In its Admissibility and Merits Report of November 2020, the IACHR found that Echeverría de Sanguino had not had an effective technical defense in these criminal law proceedings. Although she was assigned several public defenders, they were negligent and failed to submit allegations, file appeals, and take other essential action, which left her defenseless. Echeverría de Sanguino reported these issues to the authorities, but these failed to take measures to protect her right to a defense. The IACHR also found that judicial remedies filed on her behalf had been neither effective nor timely to prevent further rights violations.

The IACHR found that the public defenders' performance had violated Echeverría de Sanguino's right to a defense and that judicial remedies pursued to repair the damage had also proved ineffective. The IACHR established that the public defenders' deficient performance had proved essential in the process that led to Echeverría de Sanguino's conviction, and therefore that Colombia had violated her rights to judicial guarantees and to judicial protection held in the American Convention on Human Rights.

The IACHR recommended that the State provide comprehensive redress to Echeverría de Sanguino. This included granting her financial compensation for all the harm that had been caused to her; strengthening public defender recruitment processes with criteria to establish candidates' suitability and technical ability; developing protocols to ensure an effective management of public defenders' performance in criminal law proceedings, based on the applicable inter-American standards; and improving professional development programs for public defenders.

In June 2021, the parties signed an agreement for compliance with IACHR recommendations, addressing measures to provide comprehensive redress for rights violations mentioned in the Merits Report. In that agreement, the parties agreed to implement the procedure established in Act 288 of 1996, to ensure redress for material and immaterial damage. In this context, the IACHR opted not to refer the case to the Inter-American Court of Human Rights. In August 2021, an event was held in which the State acknowledged its responsibility for the rights violations identified by the IACHR.

During that event, the IACHR stressed "the efforts made by the parties to reach an agreement for compliance with IACHR recommendations, benefiting the victim (because she may access comprehensive redress without resorting to the Inter-American Court) and also the State (since these efforts prove its respect for the inter-American human rights system and for Colombia's international obligations)."

The IACHR continued to assess compliance with its recommendations and found that full compliance had been attained. The IACHR commended the State on its efforts to ensure compliance.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 078/25

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