be held with the prosecutors (leading and assistant prosecutors), investigators and analysts
in order to outline the leads to be followed, and to propose a timetable of activities; (5)
regular meetings will be held between the Justice and Peace Unit and the Human Rights
Unit, in which collaboration and coordination between the two units will be encouraged in
order to obtain rapidly the versions of those demobilized about the events, and (6) the
Prosecution will examine the possibility of filing an application for review in the case of La
Granja with regard to the decision of April 9, 2002, precluding the investigation of the
brothers Jaime and Francisco Angulo.
8.
In its last report, the State indicated that it had concentrated the investigation of the
three cases in the Tenth Prosecutor’s Office attached to the National Human Rights Unit;
that the office had ordered the involvement in the investigation of senior Army and National
Police officials, and that committee meetings were being held to monitor the investigations
under the leadership of the Head of the said Unit. The State described the measures taken
since February 2011. In addition it indicated that, once confirmed, the results would be
published.
9.
The representatives indicated that the State had disregarded important information
that involves senior State officials, from the Army and the Police, and the Executive, and
stressed the delay in prosecuting Isaías Montes despite the 1998 testimony of Enrique
Villalba. They added that the investigation had not elaborated methodical plans with
appropriate working hypotheses to investigate all those involved effectively, including civil
and military authorities who had been named by both the paramilitary leader Salvatore
Mancuso, and by Enrique Villalba who has been murdered. The representatives suggested to
the State that it create “a working group to advance the criminal investigations, with the
special appointment of a coordinating prosecutor, the participation of at least the
prosecutors in charge of the investigations, the special delegate criminal prosecutors for the
investigations, the Human Rights Directorates of the Ministry of Foreign Affairs and of the
office of the Vice President of the Republic, and also the representatives of the victims.”
Regarding the measures proposed by the State (supra para. 7), the representatives
considered that they had not been implemented satisfactorily and, even though they
welcomed the State’s intention to improve the investigation methods, they insisted in the
proposal they had presented in the hearing before the Court. According to the
representatives, the State’s plan continues to omit:
a. Incorporation into the same task force of special delegate criminal prosecutors for
the investigations, representatives of the Human Rights Directorates of the Ministry
of Foreign Affairs and of the office of the Vice President of the Republic, and
representatives of the victims, so as to ensure following up on theories and lines of
work that are different from those that the Prosecution has been following for more
than 10 years.
b. Determination of the objectives of the work, such as identification of the main
obstacles that have hampered the development of the investigations, and the
mechanism to remove them; joint elaboration of a methodical investigation plan
with the participation of State agents; design and execution of a plan of activities
that includes the questioning of the paramilitary leaders who have been extradited,
and identification of probative elements that must still be obtained, to be examined
by the Technical Investigations Unit.
10.
In addition, the representatives indicated that no publicity has been given to the
limited results of the criminal proceedings that are final, as ordered by the Court. They
insisted that the obstacles to obtaining justice in this case include:
5