119
paramilitary forces in Colombia, when they file complaints regarding the facts
suffer constant harassment or are murdered and even their tombs are
violated. Despite repeated requests by the civil party, to date the authorities
have not included various officers of the Armed Forces and of the police in the
investigation, who with their remiss conduct contributed to the massacre
being carried out; and
p)
the fact that the next of kin of the victims do not have all the
necessary guarantees to file complaints regarding the facts under domestic
venue, beyond the customary act of keeping identity under seal, not only
impedes learning the truth about what is going on in the investigation, but
also makes it difficult for them to collaborate or participate in it.
Pleadings of the representatives
191. With regard to Articles 8(1) and 25 of the American Convention, the
representatives agree with the pleadings of the Commission in that the State
abridged the rights embodied in said provisions, and pointed out that:
a)
the investigation of the Mapiripán Massacre was not conducted in an
effective and impartial manner. Ineffectiveness of the investigation is shown
by non-identification of the alleged victims, destruction of the forensic
evidence, negligence of the State regarding measures to protect the
witnesses and attorneys involved in the proceeding in addition to nonidentification and non-prosecution, non-enforcement of arrest warrants and
non-punishment of all the direct perpetrators and masterminds of the facts.
The criminal proceeding was conducted in a biased manner to ensure
impunity. This is shown by the actions undertaken by State agents to
obstruct the investigation and by the fact that the case was partially assigned
to military criminal jurisdiction;
b)
the authorities did not identify the alleged victims, they did not take
the necessary steps to gather and preserve the evidence regarding the
executions, they did not identify possible witnesses with the aim of obtaining
their statements, and they did not establish the cause, manner, place and
time of the executions. As a consequence of inaction by the authorities,
almost all the physical evidence of the massacre was lost. Specifically, the
authorities did not attempt to obtain control of the scene of the crime, to
recover the bodies that were thrown into the river, to gather blood samples,
or to take other steps to effectively preserve the physical evidence. Out of
approximately 49 persons killed, autopsies were only performed on two
corpses. Therefore, the case file lacks forensic reports that are crucial for the
investigation to be considered and in-depth, prompt and impartial one;
c)
the State has not taken the necessary steps to protect the witnesses,
victims and attorneys involved in the investigation of the facts. Specifically,
attorney Luis Guillermo Pérez was forced to leave the country;
d)
interference by the military criminal jurisdiction seriously hindered the
investigation and impeded ensuring a suitable recourse before an independent
and impartial court. Furthermore, there is a pattern of impunity that cloaks
human rights cases investigated by the military criminal jurisdiction;
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