164
a)
Obligation of the State to investigate the facts in the case, to identify,
prosecute and punish those responsible
295. The Court has established in this Judgment that the investigation carried out
by Colombia regarding the massacre that took place in Mapiripán between July 15
and 20, 1997 does not fulfill the standards of access to justice and the right to
judicial protection set forth in the American Convention (supra para. 241).
Specifically, the Court pointed out that the violations found regarding the victims’
rights to personal liberty, to humane treatment, and to life, are aggravated by noncompliance with the duty to provide protection and with the duty to investigate the
facts, as well as by the lack of effective judicial mechanisms for this purpose and to
punish all those responsible for the Mapiripán Massacre. Thus, the Court found the
State responsible for breaching Articles 8(1) and 25 of the Convention, in
combination with Article 1(1) of that same Convention.
296. The Court has appreciated the partial effects of the criminal proceeding.
Nevertheless, over eight years since the massacre took place, partial impunity
prevails and the criminal proceeding lacks effectiveness, which is reflected in two
aspects: first of all, most of those responsible have not been included in the
investigations and they have not been identified or prosecuted. Secondly, impunity
is reflected in the trial and conviction in absentia or the paramilitary who have
benefited from ineffectiveness of the punishment (supra paras. 230, 240 and
96.126).
297. The Court reiterates that the State is under the obligation to combat this
situation of impunity by all means, as it fosters chronic recidivism of human rights
violations and total defenselessness of the victims and of their next of kin, who have
the right to know the truth about the facts.291 This right to the truth, when it is
recognized and exercised in a concrete situation, constitutes an important means of
reparation. Therefore, in the instant case, the right to the truth generates an
expectation of the victims, which the State must satisfy.292
298. In light of the above, the State must immediately take the necessary steps to
activate and effectively complete the investigation to establish the liability of the
masterminds and direct perpetrators of the massacre, as well as that of the
individuals whose collaboration and acquiescence made it possible for that massacre
to take place. The State must complete the criminal proceeding with regard to the
Mapiripán Massacre, to enable elucidation of all the facts and punishment of those
responsible. The results of these proceedings must be made known to the public by
the State, so that Colombian society can know the truth about the facts of the
instant case.
299. To fulfill its obligation to investigate and punish those responsible in the
instant case, Colombia must: a) remove all de facto and de jure obstacles that
maintain impunity; b) use all available means to expedite the investigation and the
judicial proceeding; and c) provide security guarantees to the victims, investigators,
witnesses, human rights advocates, court employees, public prosecutors and other
291
See Case of the Moiwana Community, supra note 4, para. 203; Case of Carpio Nicolle et al.,
supra note 261, para. 261, and Case of Tibi, supra note 16, para. 255.
292
See Case of the Moiwana Community, supra note 4, para. 204; Case of Carpio Nicolle et al.,
supra note 261, para. 128, and Case of the Gómez Paquiyauri Brothers, supra note 182, para. 261.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents