124
1.
2.
Everyone has the right to simple and prompt recourse, or any other effective recourse,
to a competent court or tribunal for protection against acts that violate his fundamental
rights recognized by the constitution or laws of the state concerned or by this
Convention, even though such violation may have been committed by persons acting in
the course of their official duties.
The States Parties undertake:
a. to ensure that any person claiming such remedy shall have his rights determined by
the competent authority provided for by the legal system of the state;
b. to develop the possibilities of judicial remedy; and
c. to ensure that the competent authorities shall enforce such remedies when granted.
195. The Court has asserted that, pursuant to the American Convention, the States
Parties are under the obligation to provide effective legal remedies to the victims of
human rights violations (Article 25), and these remedies must be substantiated in
accordance with the rules of due legal process (Article 8(1)), all of this set within the
general obligation of the States themselves to ensure free and full exercise of the
rights embodied in the Convention, for all persons under their jurisdiction (Article
1(1)).246
196. During the proceeding of the case before this Court, the State has argued
that it did not breach Articles 8 and 25 of the Convention; it has argued that
domestic remedies must be assessed in a comprehensive manner, as the
proceedings before criminal justice together with the administrative-law and
disciplinary proceedings have effectively enabled attainment of the current results.
Both the Commission and the representatives deem that the State has breached said
provisions for a number of reasons that include, inter alia, the deficient and
incomplete investigations carried out, the time taken by the proceedings, and the
lack of effectiveness and results of the latter, which have led to impunity regarding
most of those responsible for the massacre.
197. The responsibility of the State has been established for violations of the rights
to life, to humane treatment, to personal liberty (supra paras. 130 to 146), to the
rights of the child and to freedom of movement and residence (supra paras. 151 to
163, and 168 to 189) to the detriment of the victims of the Mapiripán Massacre and
their next of kin, committed by paramilitary groups with the collaboration, by action
and omission, of agents of the State. The facts demonstrate the extralegal execution
of approximately 49 victims.
198. The Court has verified that criminal proceedings were opened before criminal
military and regular courts, as well as administrative-law proceedings and
disciplinary proceedings, in connection with the facts of the instant case (supra
paras. 96.68 to 96.136). The Court will consider those domestic proceedings that are
significant in the instant case, with the aim of establishing whether there has been a
246
See Case of the Moiwana Community, supra note 4, para. 142; Case of the Serrano Cruz Sisters,
supra note 11, para. 76, and Case of the 19 Tradesmen. Judgment of July 5, 2004. Series C No. 109,
para. 194.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents