the obligation to promote and give impetus to the criminal proceeding 19
and that, in those cases, this is the suitable jurisdiction for clarifying the
facts, prosecuting the persons responsible, and establishing the
corresponding criminal sanctions, in addition to making possible other
forms of monetary reparation. The Commission observes that the facts
stated by the petitioners in relation to the death of Gustavo Villamizar
translates in the domestic legislation into criminal conduct subject to
prosecution at the initiative of the prosecutorial authorities, whose
investigation and prosecution should be actively pursued by the State
itself.
34.
The Commission observes that an investigation was
pursued into the facts that are the subject matter of the claim before
the military criminal justice system that culminated March 1, 2000, with
a decision on appeal by the Superior Military Tribunal that affirmed the
discontinuance of proceedings in favor of the accused handed down in
the in first instance by the Commander of the “Rebeíz Pizarro”
Mechanized Group No. 18.
35.
The Commission has repeatedly ruled that the military
jurisdiction does not constitute an appropriate forum and therefore does
not provide an adequate remedy to investigate, prosecute, and punish
violations of the human rights enshrined in the American Convention
allegedly committed by members of the National Army.20 In addition,
the Inter-American Court has confirmed that the military criminal justice
system is an adequate forum only for prosecuting members of the
military for offenses or breaches which by their very nature constitute
attacks on the legal interests particular to the military order .21 The
prosecution of members of the Army allegedly involved in the death of
Guillermo Villamizar before the military justice system, for act or
19 IACHR, Report No. 52/97, Case 11,218, Arges Sequeira Mangas, Annual Report of
the IACHR 1997, paras. 96 and 97. See also Report No. 55/97, Case 11,137, Abella et
al. para. 392.
20 IACHR, Report No. 47/08, Petition 864-05, Luis Gonzalo “Richard” Vélez Restrepo
and family, July 24, 2008, para. 74; see also IACHR, Third Report on the Human
Rights Situation in Colombia (1999), p. 175; Second Report on the Situation of Human
Rights in Colombia (1993), p. 246; Report on the Situation of Human Rights in Brazil
(1997), pp. 40-42. See also I/A Court H.R. Durand and Ugarte Case, Judgment of
August 16, 2000, Series C No. 68, para. 117.
21 I/A Court H.R., Durand and Ugarte v. Peru Case. Judgment of August 16, 2000.
Series C No. 68, para. 117. See, along the same lines, I/A Court H.R., AlmonacidArellano et al. v. Chile Case. Preliminary Objections, Merits, Reparations and Costs.
Judgment of September 26, 2006. Series C No. 154, para. 131; and I/A Court H. R.,
Palamara Iribarne v. Chile Case. Judgment of November 22, 2005. Series C No. 135,
para. 124.
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