15
cooperation in cases involving extradited paramilitary officers, the State has not
informed the victims or their representatives on the actions taken and requests filed
with the authorities of the United States of America in relation to the domestic
proceeding conducted against Mancusso or on the judicial proceedings or
mechanisms that guarantee the participation of the victims. Even though it is
possible for the extradited officers to virtually participate in the hearings held within
the framework of the Justice and Peace Act [Ley de Justicia y Paz], the real access of
the victims and their representatives is highly limited, due to language barrier,
issuance of visas and travel costs. They consider that the responsible of the
massacre are avoiding the Colombian justice, insofar as there is no guarantee that
said people will return to Colombia when they finish serving their sentences in the
other country. At the hearing, they also mentioned that said extradition ceases to
recognize that the crimes against humanity "are of a higher hierarchy". They
expressed that they should request the full collaboration of the United States of
America and coordinate with it in order to conduct this proceeding as soon as
possible and with all the support of the Colombian State. Besides, they referred to
the possible extradition of another former paramilitary chief and they considered that
he should not be extradited until he renders the complete preliminary interviews and
complies with the punishment for the crimes committed.
38.
That, during the hearing, the State mentioned that it was not true that Mr.
Mancusso was extradited in order to avoid justice and avoid responding for the
crimes in which he was involved. Furthermore, the State requested the government
of the United States of America to send all the assets delivered by the extradited
paramilitary officers, within the framework of the proceedings, to Colombia to repair
the victims; to cooperate with the Colombian justice in the investigation into the
crimes committed in Colombia, allowing the access of these persons where necessary
and to consider any benefit they were to receive, as a condition to cooperate with
the elucidation of the crimes committed in Colombia. Based on these requests, some
of the virtual hearings have already been conducted, in which the participation and
the direct access of the victim was guaranteed and the judicial authorities could also
have access to these persons.
39.
That, in the reply to this explanation, the representatives insisted in that it
was not true that an agreement was entered into between the United States of
America and Colombia in order for any possible benefit to be a condition for the
collaboration of the accused with the cases involving human rights violations in
Colombia. The test would be that two of those extradited paramilitary officers have
settled by “plea bargain” before the United States courts, which not only tell us
nothing about the benefits for the collaboration with the Colombia justice, but it also
explicitly excludes additional benefits, even in the case of collaboration with the
process of Justice and Peace.
40.
That it is convenient to recall, under the terms of the Judgment, that no
domestic legal provision of law can impede compliance by a State with the obligation
to investigate and punish those responsible for human rights violations.19 Besides, it
is also necessary to recall that, in other cases, this Tribunal has acknowledged the
relevance of the legal concept of the extradition as an important instrument in the
criminal prosecution in cases of serious human rights violations.20 In those cases, the
rules of international common and conventional law establish the duty to prosecute,
19
20
Cf. Case of the “Maripirán Massacre” V. Colombia, supra nota 8, para. 304.
Cf. Case of La Cantuta V. Perú. Merits, Reparations and Costs.. Judgment of November 29, 2009.
Series C Nº 162, paras. 159 and 227; Case of Goiburú et al. V. Paraguay. Merits, Reparations and Costs.
Judgment of September 22, 2006. Series C º 153, paras. 127, 130 and 132.