Caballero Delgado and Santana v. Colombia


Legal Relevance

Keywords: Effective Remedy | Reparations | Deprivation of Liberty | Judicial Protection | Relatives as Victims

Themes: Memory and Reparations | Persons and Groups Affected | Related Crimes

The Court found that the State conducted a lengthy judicial investigation to find and punish those responsible for the detention and disappearance of the victims, although the investigation was not without shortcomings. Furthermore, The Court found that to comply with the Convention, it is not enough for the State to undertake an investigation to identify and sanction the guilty parties, but it is also necessary to offer reparation to the injured party, which did not happen in this case.

Judgment Date

August 12, 1995

Country

Colombia

Judicial Body

Inter-American Court of Human Rights

Articles violated

Article 1(1) [ACHR], Article 2 [ACHR], Article 4 [ACHR], Article 5 [ACHR], Article 7 [ACHR], Article 8 [ACHR], Article 25 [ACHR], Article 44 [ACHR], Article 51(2) [ACHR]

Facts of the Case

Mr. Isidro Caballero Delgad and Ms. María del Carmen Santana, both of the guerrilla movement "Movimiento 19 de Abril", were arrested, detained and disappeared on 7 February 1989 by members of the army and several civilians who worked with them in an area facing army, guerrilla and paramilitary activity.

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