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b) the sequence of facts presented in the application essentially coincides with
those mentioned in the written brief containing pleadings and motions of the
representatives, as well as with subsequent rulings by Colombian judicial
authorities. There are consistent references to the preparatory acts for the
massacre –including movement of approximately 200 individuals in the air
space, land area and rivers of several departments of Colombia- and the acts
and omissions immediately after the massacre. In terms of the responsibility
of civilians and agents of the State, the latter had the duty to take steps to
prevent the massacre and, once it occurred, to recover the bodies of the
victims, investigate, prosecute and punish those responsible for the unlawful
acts;
c) the facts acknowledged by the State provide grounds for both its international
responsibility for the violation of Articles 4(1), 5(1) and 5(2) and 7(1) and
7(2) of the American Convention to the detriment of approximately 49 fatal
victims as well as for lack of due judicial elucidation of the facts, reparation of
its effects, and the entailed abridgment of Articles 8(1), 19, 22, 25 and
especially 1(1), all of the Convention, which is still part of the dispute; and
d) the State has acknowledged involvement of its agents in the preparatory acts
which could not have taken place without their collaboration or acquiescence,
such as the lack of efforts to help the victims of the violence and
displacement and lack of effort to elucidate the facts and establish the
criminal responsibility of those involved.
Pleadings of the representatives
100. With regard to the responsibility of the State, in addition to reiterating come
of the pleadings of the Commission, the representatives pointed out that:
a) the Mapiripán Massacre is consistent with a pattern of crimes committed by
paramilitary groups with complicity by the State. In other words, in Colombia
there is a State policy of fostering and tolerating the unlawful activities of
paramilitary groups, one that includes facilitating impunity of those
responsible after cover-up and destruction of the evidence, as well as lack of
investigation. Given the existence of this policy, the State is responsible for
the actions of the members of the paramilitary groups, in accordance with the
conclusions of the Court in the Blake case;
b) the Colombian paramilitary have historically enjoyed legal and institutional
support by the State, including training, weapons, and intelligence. One of
the most conclusive items of evidence of the complicity of the State with the
paramilitary groups is the cloak of impunity that covers the crimes committed
by these groups. The vast majority of the paramilitary who have committed
grave human rights violations have not been investigated; and
c) while the State acknowledges a series of facts linked to the abridgment of
Articles 4, 5 and 7 of the Convention, it excludes certain specific points made
clear in the brief by the representatives and in the application by the
commission, other facts submitted in the course of the proceeding in this
case, as well as other violations of the Convention alleged by the
representatives. Acquiescence by the State undoubtedly has significant legal
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