14
magnitude in a short time frame would be inconceivable and irresponsible.”
Furthermore, in relation to the observations presented by the representatives regarding
the process of Justice and Peace, it stated that "[e]ven though it is true that the Justice
and Peace Law cannot be analyzed within the framework of monitoring compliance with
the [J]udgment, issued in the instant case in a general and abstract way, but rather it
can only be analyzed in relation to this particular case and the criminal investigation
conducted thereof, […] the [S]tate present[ed] some opinions on this particular issue.”
Moreover, it indicated, inter alia, that “with respect to the specific case of [L]a Rochela
Massacre and the Justice and Peace Law [...] the Prosecutors of the Justice and Peace
Unit sh[all] continue investigating the facts pending positive results.” In addition,
Colombia asserted that despite the fact that “this is not an appropriate space in which to
analyze the legal framework of Law 1312 of 2009,” it deemed it desirable to refer to the
regulation of the concept of the principle of opportunity.
57.
The representatives acknowledged that the information presented by the State
“suggests that certain progress has been made in the processing and course of the
criminal investigations.” However, in the observations of May 22, 2009, they stated,
“the general balance reveals a worrying panorama of impunity.” In that respect, they
alleged, inter alia, the lack of progress made in determining the criminal responsibility of
state agents, indicating, inter alia, that: in July 2007, the representative of the civil
party in the criminal proceeding requested that the Prosecutor’s Office include twentyfive law enforcement agents in the investigation and by May 2009, only two of them had
been included. They stated that, “the Prosecutor General’s Office has not taken enough
decisions to investigate all the state agents involved" and charges were brought against
a lieutenant merely for criminal association when the State itself had acknowledged
before the Court that the paramilitary group responsible for the massacre operated with
help from army units under the control of said lieutenant. Furthermore, they argued that
the factors highlighted by the Court, which show a complex criminal structure, "had not
been subjected to diligent and wise treatment in order to identify all those responsible."
Since October 2007, it ordered that a paramilitary chief be linked to the crime, but "his
legal situation remains undefined;" and, even though they positively value the fact that
a resolution has been issued defining the legal situation of three paramilitary chiefs as
part of a criminal proceeding before the court, it is a cause for concern that two of them,
who were proposed by the National Government to receive benefits provided for in the
Justice and Peace Law, gave statements on several occasions "in which they refused to
provide useful information to shed light on their participation and on other people's
participation in La Rochela Massacre." They also referred to the lack of apprehension of
the persons convicted or linked to the investigation. At a later date, in a brief of July 31,
2009, they emphasized that on May 14 of that year, the Prosecutor's Office ordered the
taking of the preliminary examination statement of three retired generals, a well as of a
former Congressman, an action that they considered “to be the first decision made by
the Colombian judicial authorities which showed a serious interest in conducting an
investigation into the high-ranking military and political authorities that ordered and
concealed the massacre.” In a brief of April 9, 2010, they stated that although a public
hearing was held on December 4, 2009, as part of the proceeding against the former law
enforcement agent Luis Enrique Andrade, "no judgment has been announced as of yet”.
Moreover, the representatives have referred to the application of Decree 128 of 2003,
the enactment of Law 1312 of 2009, and the regulation of the principle of opportunity,
as well as “some basic information on the drafting and application of Law 975" (Justice
and Peace Law). Moreover, regarding the instant case, they emphasized their concern
regarding the possibility of suspending the ordinary proceeding that is being conducted
into the facts of the case against the two paramilitary chiefs proposed as recipients for