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i)
results of the investigation under regular venue were insufficient: of
more than two hundred persons involved in committing the acts in the case,
only a minimal part of the masterminds and direct perpetrators of the
massacre have been included in the investigation: only 15 have been formally
included in the investigation; only 8 were tried; only seven have been
convicted; only 5 were under detention, 2 of whom benefited from preclusion
of the investigation and 3 were released. Several arrest warrants have not
been carried out despite the fact that they are frequently in contact with the
press and, sometimes, with public officials. Even though arrest warrants have
been issued, only 6 out of the 14 persons, whether convicted by trial courts or
included in the investigation, are deprived of their liberty in a definitive or
preventive manner. The investigation to include the rest of the direct
perpetrators of the facts remains open almost eight years after the massacre,
which is still in the preliminary investigation phase with regard to most of the
participants. All of this has led to impunity;
j)
the State has the duty to seriously investigate and punish human
rights violations, to prosecute those responsible and to avoid impunity. Said
investigation must include full identification of all the victims. The State has
been incapable of gathering the essential evidence needed to identify all the
victims and to establish their number, despite the existence of indicia and
references on their possible identity. The State has not taken the necessary
steps to recover the bodies of the alleged victims. These violations impede
satisfaction of the right to truth of society as a whole;
k)
the next of kin have the right to an effective investigation by the
authorities regarding the death of their beloved ones, to a judicial proceeding
against those responsible, for them to be punished as appropriate, and to
reparations for the damage suffered;
l)
administrative-law jurisdiction is, in itself, inadequate to try and
punish those responsible and to comprehensively redress the consequences of
human rights violations;
m)
the disciplinary proceeding against members of the Army for remiss
conduct regarding defense of the population of Mapiripán does not satisfy the
requirements set forth in the American Convention regarding the right to
judicial protection;
n)
as a general rule, a criminal investigation must be conducted promptly
to protect the interests of the victims, preserve the evidence and safeguard
the rights of all persons who in the context of the investigation are considered
suspects. Delays in judicial actions constitute a violation of the duty of the
State to elucidate the facts, to try and to punish those responsible for the
grave violations committed, in accordance with the standards of reasonable
term and the right to effective judicial protection, and they have impeded real
exercise by the next of kin of their right to justice and their right to know the
truth about what happened to the victims;
o)
in cases such as this, the authorities must act ex officio and further the
investigation, without depositing this burden on the initiative of the next of
kin, who, in the specific context of the criminal acts committed by
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