100
137. It would be incoherent to limit the determination of the victims to what is
established in the criminal and disciplinary proceedings in this case, in which the
majority of the victims precisely have not been identified, due to the modus operandi of
the massacre and the grave lack of compliance with the State’s duty to provide
protection (supra paras. 96.43 to 96.47 and 116 to 123). This lack of identification
is, in turn, one of the key aspects to assess the ineffectiveness of the domestic
investigations and proceedings in the instant case (infra paras. 216 to 240). As was
expounded in the considerations regarding Articles 8 and 25 of the Convention (infra
paras. 195 to 241), one of the conditions to effectively ensure the right to life is
necessarily reflected in the duty to investigate abridgments of said rights. Thus, the
obligation to investigate cases of violation of the right to life, are a key aspect of
establishment of the responsibility of the State in the instant case.
138. Therefore, in accordance with the terms of the acknowledgment of
responsibility by the State, the Court deems that the State is responsible for the
violation of the rights to personal liberty, to humane treatment, and to life, embodied
in Articles 4(1), 5(1), 5(2), 7(1) and 7(2) of the Convention, in combination with
Article 1(1) of said treaty, to the detriment of a certain number of victims –whom the
State itself mentioned were “approximately 49”–, among whom the following have
been individually identified: José Rolan Valencia, Sinaí Blanco Santamaría, Antonio
María Barrera Calle, Álvaro Tovar Muñoz, Jaime Pinzón, Raúl Morales, Edwin Morales,
Manuel Arévalo, Hugo Fernando Martínez Contreras, Diego Armando Martínez
Contreras, Omar Patiño Vaca, Eliécer Martínez Vaca, Gustavo Caicedo Rodríguez,
Enrique Pinzón López, Luis Eduardo Pinzón López, Jorge Pinzón López, José Alberto
Pinzón López, Jaime Riaño Colorado and Uriel Garzón and Ana Beiba Ramírez.
*
*
*
139. In their written brief containing pleadings and motions, the representatives
asserted that the State violated Articles 1, 2, 6 and 8 of the Inter-American
Convention to Prevent and Punish Torture, although they did not substantiate that
assertion and they did not reiterate it in their final oral and written pleadings. The
Court notes that the facts alleged are analyzed in light of Articles 5, 8(1) and 25 of
the Convention (supra paras. 130 to 138 and infra paras. 195 to 241).
b) Violation of the right to humane treatment of the next of kin of the victims
140. Both the Commission and the representatives alleged the abridgment of
Article 5 of the Convention to the detriment of the next of kin of the victims. In this
regard they stated that the latter have suffered the psychological impact and have
suffered deep grief and anguish as a direct consequence of the circumstances of the
massacre; of being present when the victims were detained by heavily armed men;
of having found the mutilated corpses of some of these persons; of the forced
disappearance and the lack of opportunity to bury their next of kin in accordance
with their traditions, values or beliefs; of having been displaced; of inaction and lack
of investigation by the State to punish those responsible, and of the massacre not
having been investigated immediately and effectively, which continues to have a
direct impact on their security and mental situation. They also alleged that the State
had taken no measures to protect said next of kin from harassment and aggressions,
which has generated feelings of deep insecurity and anguish.
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