4
a)
Regarding operative paragraph fifteen of the Judgment
7.
With regard to the obligation to carry out the necessary diligences to investigate the
facts of this case, the State reported "that the criminal proceedings [...] are partially at pretrial stage and therefore subject to secrecy." It reiterated that it carried out two
investigations: in one into the events at La Granja, under the charge of Prosecutor No. 5 of
the National Unit for Human Rights, the State reported that it had issued an indictment
against Fabio León Mejia and acquitted him on June 18, 2009, in addition to collaborating
with the Justice and Peace Unit to access sections of Salvatore Mancuso’s account of the
facts and receipt of his statement in Washington DC." Furthermore, it indicated that an
appeal for review is currently before the Supreme Court of Justice in relation to Jose Vicente
Castro et al. and several procedural steps have been taken, such as the admission of the
petition, notifying the parties involved, various evidence orders, a decision on the appeal
filed by the lawyer for the accused and "it is currently at the office of reporting judge."
Regarding the facts of the El Aro massacre, the State recalled that it is conducting an
investigation at the request of Public Prosecutor's Office No. 17 of the National Human
Rights Unit and it referred to certain proceedings, such as the investigation into Isaiah
Montes Hernandez in October 2008 and an order for preventive detention against Mr. Isaias
Montes Hernandez in October 31 2008, in addition to requesting information from other
authorities about criminal proceedings against military commanders and other state agents
and verifying the death of "some people mentioned in the investigation." It stated that by
October 2009, the proceeding regarding two former police officers was pending trial, and
that there were no known threats against witnesses, victims or the justice operators.
8.
The representatives stated that the issues raised by the State regarding the
reservation of the summary, is contrary to that expressed by the Court in paragraph 12 of
Order of July 7, 2009, since it aims "to justify the lack of progress in the investigation."
They added that the State has not conducted investigations into the Ituango Massacres
seriously, as evidenced for example when "contrasting the statements made by many
witnesses, including the assassinated paramilitary Francisco Enrique Villalba, [with] the
proceedings performed by the Public Prosecutor's Office to verify their veracity." They stated
that "11 years passed without the Colombian judiciary trying or sentencing Isaías Montes
aka 'Junior,' who was a respected commander in the urban area of Ituango, who invoked a
plea bargain because his application to the Justice and Peace Law was accepted, which
means that his sentence related to the Ituango Massacre, cou[ld] be reduced to 8 years in
prison." They added that the State had not reported on investigations conducted into the
murder of Francisco Villalba, who through several statements had revealed more
information about those responsible for the facts. They deemed that the Justice and Peace
Law has been an obstacle to achieve sanctions suitable for their crimes.
9.
The representatives also reported that Ms. Ortiz Calle, a relative of one of the
victims of the El Aro Massacre, and her children have been subjected to threats and
kidnappings by paramilitaries labeled as "criminal gangs." They indicated that "the rapid and
timely response from the Directorate of Human Rights of the Vice-Presidency" helped "save
the lives of young people and regain their freedom four days after their kidnapping." In
turn, they expressed their dissatisfaction because the State had not complied with several
of the commitments made to ensure the safety of these people.
2010, Considering Clause seven, and Case of Ximenes Lopes v. Brazil. Monitoring Compliance with Judgment.
Order of the Inter-American Court of Human Rights of May 17, 2010, Considering Clause seven.