8
No. 2, para. 35(n)).
21.
That the State has not provided this Court with complete, detailed information
so that it may learn the reasons why the statute of limitations ran out on the
aforementioned crimes and even on potential actions taken to review the related
declarations. In particular, the Tribunal does not have sufficient information to judge
whether the statute of limitations’ running out on the crimes mentioned by the State
(supra Considering Clause No. 16) was due to procedural acts or omissions intended,
in bad faith or negligently, to facilitate or allow impunity. Moreover, the State also
failed to address the estoppel of the investigations referred to by the representative.
Accordingly, it is essential for the Tribunal to have information that will allow it to
verify whether there are grounds to challenge such declaration, if appropriate.
22.
That the State has also failed to provide this Court with accurate, detailed
information on the investigation that is currently underway at the Human Rights Unit
of Colombia’s Public Prosecutor’s Office.
23.
That, based on the above, it is essential for the State to submit complete,
detailed information on: (a) the reasons that led to the statute of limitations’ running
out on the prosecution of the aforementioned crimes (supra Considering Clause No.
16); (b) the estoppel of the investigation referred to by the representatives (supra
Considering Clause No. 17), and (c) the investigation currently underway at the
Human Rights Unit of Colombia’s Public Prosecutor’s Office. In this regard, the Court
goes back to the representatives’ proposal that the State consider the possibility of
designing “a special mechanism to move” the investigation “forward.”
*
**
24.
That, as regards the steps required to identify N.N./Moisés within a reasonable
period of time, and to locate, exhume and deliver his remains to his next of kin, and
to pay said next of kin the amount owed them by the State (second and fifth
Operative paragraphs of the Judgment on reparations of November 26, 2002), the
State informed that it instructed the Cuerpo Técnico de Investigación [Technical
Investigation Division] and the Departamento Administrativo de Seguridad
[Administrative Department of Security] of the city of Mocoa, in the Department of
Putumayo, to “separately take steps intended to identify N.N./Moisés, pinpoint the
exact location where his mortal remains are buried, locate his next of kin and deal
with other aspects that are still pending.” Moreover, it explained that the efforts to
locate the mortal remains of said person, in addition to other related steps, are made
in the framework of preliminary investigation 876-A. At the private hearing (supra
Having Seen clause No. 7), the State explained, among other things, that on January
13, 2010 “a decision was made to entrust this case to CUVI, the Centro Único Virtual
de Identificación [Virtual Identification Center] of the Public Prosecutor’s Office,”14 for
it “to prepare, adjust and execute a specific search plan for N.N./ Moisés.”15
14
In this regard, the State reported that “in 2007 […] through an inter-administrative agreement a
decision [was made] to create the Centro Único Virtual de Identificación [Virtual Identification Center] [,…]
made up of several authorities competent in the search for disappeared persons in Colombia, [… including]
the Unidad de Derechos Humanos [Human Rights Unit], the Unidad de Justicia y Paz [Justice and Peace
Unit] of the Fiscalía General de la Nación [Public Prosecutor’s Office], and the National Police Department