16.
In the instant case, in order to monitoring compliance with the judgments, it is
essential that the State present a detailed, complete and updated report on the actions
taken to comply with the measures of reparation ordered in the judgments that remain
pending compliance (supra having seen paragraph 2), together with the corresponding
supporting documents. Based on the foregoing, the Court requests Colombia to forward
specific information on: (a) the current status of the investigations; in particular, the actions
that Colombia has taken; (b) the purpose of the actions taken and the results obtained; (c)
the lines of investigation, alternatives, and any other mechanisms that are available to the
Prosecution and the domestic judicial organs in order to fulfill the State’s obligation to
investigate the facts of this case, and especially those that can expedite the investigation;
(d) the need for and purpose of some actions, such as interviewing individuals who have
already testified in the domestic investigations, and the connection between these actions
and the lines of investigation; (e) the identification of any problems that prevent adequate
compliance with the State’s obligation to investigate and that cause the case to continue at
the pre-trial investigation stage, which does not permit the trial to be initiated and, in
particular, any problems that prevent the identification of the presumed authors.
Additionally, even though Colombia affirms that the filing of an appeal for review has no
possibility of succeeding, the Court requests the State to clarify the circumstances or the
moment when this will be viable, based on the evidence that the Prosecution is gathering.
The Court also emphasizes the importance that the State forward supporting documentation
for all the information provided, so that the Court is able to verify the adoption of all
available measures to investigate the facts.
b) Obligation to find the mortal remains of the victims and return them to
the next of kin
17.
Regarding the obligation to locate the mortal remains of the victims and return them
to their next of kin (fourth operative paragraph of the judgment on reparations and costs),
the State referred to the information it had provided on previous occasions and added that,
under the National Search Plan entitled “Case of the disappeared persons Isidro Caballero
and María Del Carmen Santana,” among other measures, “explorations [had been carried
out] on the Rivelandia and Bombay properties in the municipality of San Alberto Cesar”;
however, “no results were obtained.” In addition, it referred to specific investigative tasks
ordered in August 2011 related to the first exhumation performed in the case. It indicated
that it had conducted constant investigative activities in order to find the remains of the
disappeared, despite which “the efforts made by the State have not obtained the expected
results. Lastly, it indicated that “the Prosecution will continue making every effort to find the
mortal remains of the victims and will continue providing information on any progress [in
this regard].”
18.
The representatives expressed their concern that the direction and control of the
exploration process “is not[] headed by or subject to the permanent evaluation of the
Prosecutor in charge of the investigation,” but rather, he had delegated the responsibility for
performing this procedure to the Unified Virtual Identification Center (CUVI). In addition,
they underscored that, since March 2010, 16 months had passed without any activity in the
search for the mortal remains of the victims.
19.
The Commission indicated the lack of information regarding progress, except for
some photographs taken in various cemeteries, and noted that the measures indicated by
the State did not appear to have produced any immediate concrete results.
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