10
In accordance with the foregoing, Colombia cannot invoke provisions of domestic law,
such as the procedural figure of preclusion of the criminal investigation, in order to
prevent access to justice and to obstruct compliance with the decisions of this Court
concerning the investigation and punishment of those responsible for serious human
rights violations, in the terms of the treaty obligations assumed by the States[…].
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25.
That in regard to locating the remains of the victims, during the monitoring
hearing, the State reported on a search carried out from January 20 to 24, 2008.
The State said that the search was carried out keeping in mind the comments of the
representatives on previous attempts and based on international protocol. Still, the
search was unfruitful. The State said that it will continue making its best efforts to
find the remains of the victims.
26.
That the representatives recalled the problems with previous search attempts
and expressed their concerns about the search of January 2008. They indicated that
they were notified of said measure on January 14, 2008, that the search was carried
out unexpectedly, and that there was a lack of strategic planning, all circumstances
that contributed to the result. Likewise, during the hearing, the representatives
submitted a copy of the National Plan for the Search for Disappeared Persons,
indicating that this tool was not used during the last search, and that it should be
used in the future. Finally, they requested the formation of a commission of experts
to collaborate in the planning and guidance of future searches.
27.
That the Commission emphasized that more than 11 years passed before the
State, in 2006, made a new search for remains. It indicated that the representatives
made inquiries on that search, indicating that inquiries were also made in relation to
the latest search. The Commission appreciated that the State carried out searches,
however it took into account the comments of the representatives, in particular on
the need to use domestic legislative tools such as the National Plan for the Search
for Disappeared Persons, pointing out as well the need to do a close analysis of the
failures of previous searches.
28.
That the Court appreciates the carrying out of the most recent search. The
Tribunal takes into considerations the statements made by the representatives of the
victims regarding the need for strategic planning in the task of locating the remains
of the victims. Likewise, the Tribunal notes that the representatives have proposed
the formation of a commission of experts with the purpose of strengthening the
search, and that the National Plan for the Search for Disappeared Persons is
considered in this case. The Inter-American Court deems it necessary for the State,
in its next report, to address the aspects pointed out by the representatives and
report on the actions it will take in the future to abide by this obligation.
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29.
That the Inter-American Court appreciates that the State has complied with
the payment owed to Mrs. Ana Vitelma Ortiz and that it has taken several steps