IACHR Publishes Friendly Settlement Agreement on Case Concerning the Failure to Investigate the Disappearance of Luis León in Colombia

December 22, 2023

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) has decided to approve the friendly settlement agreement concerning Case 14,906—Eladia Méndez Bautista, Colombia—and to publish approval report 273/23.

This case concerns the State's international responsibility for the failure to investigate the disappearance and death of Luis Alberto León, perpetrated on May 31, 1991, in a rural area in the Arauca department. The case further concerns the refusal of what was at the time the Social Insurance Institute to acknowledge and grant a survivor pension to the man's wife, Eladia Méndez Bautista, and the refusal of Colombian judges to protect her rights.

On February 10, 2023, the parties launched negotiations and signed a memorandum of understanding that led to a friendly settlement agreement signed on May 18, 2023. In this agreement, the Colombian State acknowledged its international responsibility for violations of 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 (obligation to respect rights) of that instrument. The failure to adequately investigate this case caused harm to Eladia Méndez Bautista and to Luis Alberto León's children, since it left the case unsolved and the perpetrators of these crimes unpunished.

The State further acknowledged its international responsibility for violations of the rights held in Article 26 (progressive development of economic, social, and cultural rights) of the American Convention on Human Rights, in accordance with Article 1.1 (obligation to respect rights) of that instrument. Violations of Article 26 caused harm to Eladia Méndez Bautista, based on the refusal of the Social Insurance Institute to grant her a survivor pension.

The State committed to implementing the following satisfaction measures: (1) holding an event to acknowledge its responsibility; (2) granting a survivor pension to Eladia Méndez Bautista; (3) posting Article 49 of the friendly settlement report on the website of the National Legal Defense Agency for a period of six months; and (4) providing financial compensation through the mechanism that was set up to that effect by Act 288 of 1996.

The IACHR highlighted compliance with measures concerning the 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 IACHR commends both parties on their efforts while negotiating over three months this friendly settlement agreement, which turned out to be compatible with the Convention's aims and purposes. The Commission 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 acknowledges the petitioning party's 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. 313/23

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