investigate is an obligation of means and not of results, 646 so that the party alleging their
ineffectiveness must prove that this is due to defects, negligence or omissions in the conduct of
the investigations, and it is not sufficient to allege their ineffectiveness merely alluding to their
current procedural stage. Therefore, the Court does not have sufficient evidence to determine
the violation of due diligence in the investigations related to the disciplinary proceedings.
e) Conclusions
397. The Court considers that the State is responsible for not having acted with due diligence
in the investigations into the members of the Armed Forces and those related to the
paramilitary structures, in violation of Articles 8 and 25 of the Convention, in relation to Article
1(1) thereof, to the detriment of the communities displaced from the Cacarica owing to the
events of February 1997.
B.2. Considerations on the reasonable time
398. The Court recalls that the State made a partial acknowledgement of its responsibility for
the violation of the reasonable time in the investigations into the events of this case (supra
para. 17). Despite considering that, indeed, the duration of the domestic investigation, as a
whole, did not satisfy the criteria of reasonable time referred to in Article 8(1) of the
Convention, the Court underlines that, in complex cases, such as this one, it is necessary to
take into account the complexity of the evidence, the numerous procedural subjects or the
number of victims, the characteristics of the remedies established by domestic law, and the
context in which the violation occurred, 647 as well as the nature of the charges, the number of
accused, and the political and social situation in the place and at the time the events occurred.
399. This case presumably involves numerous members of the Armed Forces and of the
paramilitary groups, including high-ranking officers of the Armed Forces whose activities were
confidential owing to the nature of their functions. In addition, hundreds of presumed victims
were affected by acts that occurred in the context of the Colombian armed conflict – in a region
with difficult access (supra para. 84), and in areas with the presence of illegal armed groups
(guerrillas and paramilitaries), which entailed risks for the investigators themselves – which are,
as it has been acknowledged, characteristic of systematic actions, and with potential witnesses
who have displaced to different parts of the country. Therefore, it is clear that the investigation
into the events of this case was extremely complex. This has been acknowledged during these
proceedings both by the parties and by the Commission.
400. Regarding the two proceedings undertaken before the National Human Rights and
International Humanitarian Law Unit (case files 426 and 2332), it can be observed that the
investigations initiated in 1997 encountered significant obstacles owing to the context of
organized crime in which the human rights violations that are being examined here occurred.
401. In relation to the investigation in case file 426, up until 2004, the Court was able to
verify different actions designed, among other matters, to declare the preliminary investigation
open, to order the preventive detention of the accused, and to admit a civil complaint (supra
para. 145 and ff.). Regarding this proceeding, neither the Commission nor the representatives
have presented information or arguments from which it could be inferred that the decision to
preclude the investigation on March 9, 2004, was issued fraudulently, in collusion with the
accused, or that there had been a lack of due diligence. Thus, the Court does not have evidence
that would allow it to infer an excess of the reasonable time by the authorities with regard to
646
218.
Cf. Case of Velásquez Rodríguez v. Honduras, Merits, para. 177, and Case of Mendoza et al. v. Argentina, para.
647
Cf., inter alia, Case of the Pueblo Bello Massacre v. Colombia, para. 184, Case of the Ituango Massacres v.
Colombia. Preliminary objection, merits, reparations and costs, para. 293, Case of Valle Jaramillo et al. v. Colombia,
para. 156, and Case of Furlan and family members v. Argentina, para. 156.
127
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