42
rights violations.” 172 Specifically, the Commission has concluded in section V.E above (Right to a
fair trial and judicial protection) that in the instant case a thorough and effective investigation of the
facts was not conducted, given that the architects of the bombing remain in impunity.
164. The Commission takes it as established that in the instant case several survivors
were wounded who were, in turn, related to the victims killed in the bombing. In that regard the
Commission may reasonably infer that the loss of a loved one in circumstances such as those
described caused suffering incompatible with Article 5(1) of the American Convention.
165. Based on the foregoing, the Commission concludes that the State violated the right
to mental and moral integrity recognized in Article 5(1) of the American Convention, in connection
with duty to observe rights set out in Article 1(1) thereof, to the detriment of the next of kin of the
victims who names appear in Appendix 1 to the present report.
F.
Duty to adopt provisions under domestic law (Article 2 of the American Convention)
166. In the instant case, no factual or legal elements have been offered to demonstrate or
lead to the reasonable deduction that the facts described constitute a violation of Article 2 of the
American Convention. Accordingly, the Commission concludes that it has not been possible to
sustain an alleged violation of the duty to adopt provisions under domestic law.
VI.
CONCLUSIONS
167. Based on the factual and legal arguments given above, the Commission concludes
that the Republic of Colombia is responsible for:
•
•
•
•
violation of right to life enshrined in Article 4(1) of the American Convention, in
connection with Article 1(1) thereof, to the detriment of Levis Hernando Martínez
Carreño, Teresa Mojica Hernández de Galvis, Edilma Leal Pacheco, Salomón Neite,
María Yolanda Rangel, Pablo Suárez Daza, Carmen Antonio Díaz Cobo, Nancy Ávila
Castillo (or Abaunza), Arnulfo Arciniegas Velandia (or Calvo), Luis Enrique Parada
Ropero, and Rodolfo Carrillo;
violation of right to life enshrined in Articles 4(1) and 19 of the American
Convention, in connection with Article 1(1) thereof, to the detriment of the children
Jaime Castro Bello (4), Luis Carlos Neite Méndez (5), Oscar Esneider Vanegas
Tulibila (12), Geovani Hernández Becerra (14), Egna Margarita Bello (5) and
Katherine (ó Catherine) Cárdenas Tilano (7).
violation of the rights to life and humane treatment enshrined in Articles 4(1) and
5(1) of the American Convention, in connection with Article 1(1) thereof, to the
detriment of Alba Yaneth García, Fernando Vanegas, Milciades Bonilla Ostos,
Ludwing Vanegas, Xiomara García Guevara, Mario Galvis, Fredy Monoga Villamizar
(or Fredy Villamizar Monoga), Mónica Bello Tilano, Maribel Daza, Amalio Neite
González, Marian Arévalo, José Agudelo Tamayo, María Panqueva, Pedro Uriel
Duarte Lagos, Ludo Vanegas, Adela Carrillo, Alcides Bonilla, and Fredy Mora;
violation of the rights to life and humane treatment enshrined in Articles 4(1), 5(1)
and 19 of the American Convention, in connection with Article 1(1) thereof, to the
172
I/A Court H.R. Case of Valle Jaramillo et al. v. Colombia. Merits, Reparations and Costs. Judgment of November
27, 2008. Series C, No. 192, par. 98. Cf. I/A Court H.R., Velásquez Rodríguez Case. Honduras. Judgment of July 29,
1988. Series C, No. 4, par. 166; I/A Court H.R., Case of Heliodoro-Portugal v. Panama. Judgment of August 12, 2008.
Series C, No. 186, par. 142, and I/A Court H.R., Case of García-Prieto et al v. El Salvador. Judgment of November 20, 2007,
Series C No. 168, par. 99.