members of the immediate family of Marino López to come forward with the necessary
information and advising them of the procedure they should follow in this regard.
B. Obligation to investigate
B.1. Arguments of the Commission and of the parties
436. The Commission asked the Court to order the State to conduct the investigations, in a
complete, impartial and effective manner, into the events that led to the forced displacement of
the Afro-descendant communities of the Cacarica associated in CAVIDA and of the women
heads of household who live in Turbo, as well as into the torture and murder of Marino López.689
437. The representatives agreed with the Commission and also asked the Court to order the
State to create a special unit within the Prosecutor General’s Office to conduct the
comprehensive investigation of the human rights violations analyzed herein, as well as of the
connections between paramilitaries, State agents,690 and companies that exploited the territory
that the members of the communities of the Cacarica river basin were forced to abandon. 691
They indicated that different State agencies should take part in this investigation and it should
not be cut short by the application of mechanisms such as amnesty laws, the statute of
limitations, or plea bargaining. Lastly, they asked for measures of protection for the victims who
take part in these investigations and that the State guarantee that extradited paramilitary
leaders provide any information they have on this case.
438. The State did not present specific arguments on these requests by the Commission and
the representatives.
B.2. Considerations of the Court
439. In this Judgment, the Court has declared, as partially acknowledged by the State during
the processing of the case (supra para. 17), the violation of the right to judicial guarantees and
judicial protection because the State failed to comply with its obligation to investigate and
prosecute and punish, as appropriate, within a reasonable time, all those responsible for the
facts of this case (supra paras. 397 and 398).
440. Consequently, as ordered in other cases,692 the State must use all necessary means to
continue the investigations that are open effectively and with the greatest possible diligence,
and also open any that are necessary in order to individualize, prosecute and eventually punish
all those responsible for the facts of this case, and remove any obstacles de facto and de jure
that could maintain impunity.
689
The Commission requested explicitly that these investigations be carried out from the perspective of the group
affected and taking into consideration the type of discrimination they suffer. It also asked that those found to have
masterminded and perpetrated the facts as a result of these investigations be punished.
690
The representatives reiterated the importance of investigating not only the State officials who took part directly
in the hostilities, but also those who permitted the economic exploitation of the territory of the Cacarica river valley by
private companies.
691
The representatives indicated that this should be done taking into account the context and the patterns of
conduct, because the crimes were committed within the framework of a systematic and generalized attack.
692
248.
Cf. Case of Manuel Cepeda Vargas v. Colombia, para. 216, and Case of Uzcátegui et al. v. Venezuela, para.
137
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