responsibility for the proceedings that arise from these facts.” 784 However, it was not until
October 28, 2013, almost two years later (one year and 10 months) and on the occasion of
the hearings held in the instant case, that the Prosecution Service advised that it had
decided to combine in a single special unit all the investigations into the events that
occurred in the Palace of Justice on November 6 and 7, 1985 (supra para. 208). The Court
assesses positively the integration of the investigations into the events of this case into a
single special unit of the Prosecution Service, which may make a positive contribution to
their effectiveness. However, it notes that the obligation to investigate must be complied
with by the State as an inherent legal duty and not with a view to the State’s defense
before this Court.
504. The Court also notes that, after 29 years, the State’s main defense and the decisions
of two chambers of the Superior Court of Bogota (in the two cases that to date have been
decided in second instance) rests, above all, on the absence of sufficient proof or on doubts
arising from the errors committed during the initial procedures. Many of these errors (in the
processing of the crime scene and the removal of the corpses) cannot be completely
rectified. However, the Court notes that no serious, planned, and coordinated effort has
been made to overcome these irregularities insofar as possible. The Court finds it
particularly relevant that, despite this lapse of time, no pertinent measures have been taken
to verify definitively whether the remains returned to the family of Justice Pedro Elías
Serrano really belong to Norma Constanza Esguerra, which has been suspected since at
least 1986 (supra para. 326).
B.6) Reasonable time of the proceedings in the ordinary criminal
jurisdiction
505. For the investigation to be conducted in a serious and impartial manner and as an
inherent legal obligation, the right of access to justice requires that the facts investigated
are determined within a reasonable time. 785 This Court has indicated that the “reasonable
time” referred to by Article 8(1) of the Convention must be assessed in relation to the total
duration of the proceedings until a final judgment is handed down. 786 The Court considers
that, in principle, a prolonged delay, such as the one that has occurred in this case
constitutes, of itself, a violation of judicial guarantees. 787
506. The Court has generally considered the following elements to determine whether the
time is reasonable: (a) the complexity of the matter; (b) the procedural activity of the
interested party; (c) the actions of the judicial authorities, and (d) the effects on the legal
situation of the person involved in the proceedings. The Court recognizes that there have
been periods during which the investigations in this case have been conducted with due
diligence and respecting the guarantee of a reasonable time. In particular, the Court has
recognized that most of the procedures in the investigation were carried out between 2005
and 2010, while, since 2010, criminal proceedings have been held and several judgments
have been handed down in relation to those investigations (supra para. 497). However, in
the instant case, 29 years have passed since the events, and what occurred has still not
784
Judgment of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23454).
785
Cf. Case of Baldeón García v. Peru. Merits, reparations and costs. Judgment of April 6, 2006. Series C No. 147,
para. 155, and Case of the Landaeta Mejías Brothers et al. v. Venezuela. Preliminary objections, merits, reparations
and costs. Judgment of August 27, 2014. Series C No. 281, footnote 314.
786
Cf. Case of Genie Lacayo v. Nicaragua. Merits, reparations and costs. Judgment of January 29, 1997. Series C
No. 30, para. 77, and Case of the Landaeta Mejías Brothers et al. v. Venezuela. Preliminary objections, merits,
reparations and costs. Judgment of August 27, 2014. Series C No. 281 , footnote 314.
787
Cf. Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35, para. 71, and
Case of the Human Rights Defender et al. v. Guatemala. Preliminary objections, merits, reparations and costs.
Judgment of August 28, 2014. Series C No. 283, para. 226.
177
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