Press Release
IACHR publishes friendly settlement agreements concerning Colombia
December 9, 2024
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public event with an ethnic perspective.
produced a video to restore the victim’s dignity
Event to acknowledge responsibility in Case 13,892—Denys del Carmen Olivera and Family
Event to acknowledge responsibility in Case 13,602—Nelson Enrique Giraldo Ramírez and Family.
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Washington, DC – The Inter-American Commission on Human Rights (IACHR) has published seven friendly settlement agreements signed by the Colombian State and various petitioning parties concerning human rights violations committed in the context of Colombia’s armed conflict. These human rights violations include extrajudicial killings, forced displacement, sexual violence, and an excessive use of force by officers of the State, as well as others committed by illegal armed groups. These agreements reaffirm the parties’ shared commitment to seeking justice and comprehensive redress.
Among the friendly settlement agreements that have been published, there is one on Case 13,711—Levis Elcener Centeno Cuero, concerning the execution of a Colombian soldier due to a tactical mistake that was subsequently covered up. The State acknowledged its responsibility in a public event that was agreed on with the victim’s family, and it also committed to taking various measures in terms of education, justice, and financial compensation.
Case 12,843—Luis and Leonardo Caisales Dogenesama, concerns an attack on members of the Embera Chamí indigenous community perpetrated by the Colombian Army’s Eighth Artillery Battalion, “San Mateo”. This friendly settlement agreement stresses how important prior consultation and cultural respect are, as shown by the fact that the State acknowledged its international responsibility for the attack in a public event with an ethnic perspective.
Another landmark case is Case 12,842—Brainer Alexander Oquendo Santana, concerning extrajudicial killings during an arbitrary arrest. The State publicly acknowledged its international responsibility during an IACHR working visit. The State committed to requesting that the Special Jurisdiction for Peace (JEP, by its Spanish acronym) consider this as a test case in Macro-Case 03 in the Acknowledgment Chamber, according to the priority standards set by the JEP.
Cases concerning illegal armed groups include Case 13,892—Denys del Carmen Olivera and Family, and Case 13,602—Nelson Enrique Giraldo Ramírez and Family. These agreements involve holding public events to acknowledge responsibility [1], making commitments concerning justice, and providing financial compensation. They include the adoption of a groundbreaking historical memory mechanism aimed at holding and preserving the original text of these friendly settlement agreements at the National Center for Historical Memory’s Human Rights Archives.
Case 13,974—Claudia Baracaldo Bejarano and Family, highlights violence against women during the armed conflict. Measures adopted in this agreement include protection protocols and the publication of an autobiographical book and highlight how important it is to address gender-based violence with a structural approach.
Finally, Case 14,802—José Alirio Cañas Morales and Family, concerns the disproportionate use of force by officers of the State. In this agreement, the State acknowledged its international responsibility at a public event and produced a video to restore the victim’s dignity, as well as committing to ensuring judicial review of the investigations that were launched in this case and, if those investigations are found to be viable, to pursuing them further with due diligence.
The IACHR welcomes the joint efforts made by the parties to reach friendly settlements in these cases. The IACHR notes that this mechanism is a crucial tool to ensure redress for human rights violations, to develop a peaceful culture, and to restore the social fabric. Each one of these agreements entails a significant step toward restorative justice, comprehensive redress, and guarantees of non-recurrence. The IACHR further welcomes the State initiative to publicize progress by creating a public-access microsite with relevant information about all these cases.
The publication of these reports strengthens the IACHR’s role in promoting and protecting human rights in the Americas, and it evidences the inter-American system’s potential to develop effective, consensual solutions that reflect victims’ interests and needs in terms of redress. The IACHR stresses its will to further support the implementation of all commitments made by the Colombian State in the context of these agreements, until full compliance has been attained.
The IACHR is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.
[1] See ANDJE [YouTube channel], Event to acknowledge responsibility in Case 13,892—Denys del Carmen Olivera and Family [video]. See also Event to acknowledge responsibility in Case 13,602—Nelson Enrique Giraldo Ramírez and Family.
No. 311/24
No. 311/24
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