Hostname: page-component-848d4c4894-hfldf Total loading time: 0 Render date: 2024-06-03T21:24:42.831Z Has data issue: false hasContentIssue false

Pueblo Bello Massacre v. Colombia

Inter-American Court of Human Rights.  31 January 2006 ; 25 November 2006 ; 09 July 2009 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

State responsibility — Principles — Imputability — State responsibility for acts or omissions of State authorities — State responsibility for human rights violations committed by third parties — State obligations to guarantee respect for rights between individuals — State obligations to adopt prevention and protection measures — State obligations as conditioned by awareness of a situation of real and imminent danger for a specific individual or group and reasonable possibilities of preventing or avoiding that danger — State responsibility for contributing to creation of danger and failure to take protection measures — American Convention on Human Rights, 1969

Human rights — Right to life — Right to humane treatment — Right to personal liberty — American Convention on Human Rights, 1969, Articles 4, 5 and 7 — Right to life including positive obligation to protect and preserve life — State obligation falling on all State institutions, including authorities responsible for safeguarding security — State obligations to adopt legislative, administrative and judicial measures — State obligations to prevent and protect individuals from criminal acts of others and investigate effectively — State obligation to investigate cases of extrajudicial executions, forced disappearances and other grave human rights violations — Next of kin’s right to humane treatment violated in cases of forced disappearance as direct consequence — Whether Colombia violating Articles 4, 5 and 7, in relation to Article 1(1) of American Convention on Human Rights, 1969

Human rights — Right to a fair trial and right to judicial protection — Articles 8 and 25 of American Convention on Human Rights, 1969 — Restrictive and exceptional scope of military criminal jurisdiction — Assessment of domestic investigations carried out by ordinary, military, disciplinary and administrative justice systems — Right to truth not autonomous, but forming part of right to access justice and reparation — Whether Colombia violating Articles 8 and 25, in relation to Article 1(1) of American Convention on Human Rights, 1969

International tribunals — Inter-American Court of Human Rights — Preliminary objections by Colombia — Exhaustion of domestic remedies — Reasonable time limit for application to Inter-American Commission on Human Rights — Article 46 of American Convention on Human Rights, 1969 — Colombia accepting jurisdiction of the Court — Preliminary objection understood to be withdrawn — Request to join preliminary objection to merits of case inadmissible

Damages — Reparations — Monetary and other reparations — Damages for pecuniary and non-pecuniary loss — Beneficiaries — Next of kin of victims — Requirement of public apology and memorial to victims of massacre — Other non-pecuniary remedies — Article 63(1) of American Convention on Human Rights, 1969

International tribunals — Inter-American Court of Human Rights — American Convention on Human Rights, 1969, Article 67 — Interpretation of judgment — Requests for interpretation of judgment by State and representatives of victims — Request by representatives denied — Purpose of interpretation to clarify meaning, not to submit factual and legal matters already decided — Impossibility of requesting modification or annulment of judgment through request for interpretation — Request of State granted and relevant paragraphs of judgment interpreted

Type
Case Report
Copyright
© Cambridge University Press 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)