365. In Chapter IV of this Judgment the Court established that the State had acknowledged
its international responsibility for the violation of Articles 8(1) and 25(1) of the Convention, in
relation to Article 1(1) of this instrument, to the detriment of “the next of kin of Marino López
Mena, who were duly identified and individualized, as well as of the victims of forced
displacement determined by the Court,” owing to the violation of a reasonable time, without it
having been possible, to date, to identify and punish the masterminds and perpetrators of the
said offenses. The dispute remained with regard to the State’s responsibility for the alleged
violation of the other rights that the representatives and the Commission alleged had been
violated (supra para. 22).
366. Despite the foregoing, the State indicated that the reasonable time for an investigation
cannot be examined in abstract, but rather case by case, and indicated that, although the
criminal investigations had been conducted diligently and responsibly, no results had been
obtained because of the complexity of the events under investigation, owing to the modus
operandi of the illegal organizations that instigated the events, the vulnerable conditions of the
population that was the victim of those events, and the difficulty for the judicial officials to
access the area where the events occurred.
367. In addition, in its brief of August 13, 2013, with observations on the evidence forwarded
by the Prosecutor General’s Office, the State indicated, inter alia, that “the documentation
provided by the Prosecutor General’s Office reveals the significant efforts and progress made in
the administration of justice, as well as Colombia’s commitment to seek the truth in this case,”
and that the State “has been evaluating the functioning of the system of criminal investigation
in Colombia […] in order to better combat organized crime; to obtain a better knowledge of the
context of the armed conflict in Colombia, so as to improve the approach to transitional justice
procedures; to respond to the demands of civil society and, in general, to make the
administration of justice more effective.” It stressed that, as a result of the above, it had
recently created the National Analysis and Context Unit as an “instrument of criminal policy
focused on dealing mainly with phenomena of organized crime, by using tools to analyze crimes
and create contexts, in order to coordinate the isolated information that is currently in different
units of the Prosecution Service.”614
B. Considerations of the Court
368. As considered in this Judgment (supra Chapter IV), the State’s partial acknowledgement
of responsibility in relation to the alleged violations of the rights recognized in Articles 8 and 25
of the Convention makes a positive contribution to the evolution of these proceedings, to the
application of the principles that inspire the American Convention, and to the conduct that
States are obliged to assume in this area. However, this acknowledgement must be related to
the nature and severity of the alleged violations, the demands and interest of justice, the
particular circumstances of the specific case, and whether it will allow the truth of what
happened to be determined.615
369. In this chapter, and owing to the subsisting dispute (supra para. 22), the Court will now
decide whether the State has incurred in violations of the rights established in Articles 8(1) and
25(1) of the Convention, in relation to Article 1(1) of this instrument and, to this end, it will
examine the different domestic investigations and criminal proceedings that were opened based
on the events of this case.
614
The State also indicated that this Unit has been organized in nine groups so that each one works on logical
lines of investigation that respond to the country’s different problems. It also indicated that one of these groups has
been called “Investigation group on the violence that occurred in the Urabá region.”
615
Cf. Case of Manuel Cepeda Vargas v. Colombia, para. 17, and Case of the Santo Domingo Massacre v.
Colombia. Preliminary objections, merits and reparations, para. 151.
119
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