the Inter-American Convention on Forced Disappearance and Articles 1, 6 and 8 of the
Inter-American Convention against Torture.
432. The State made a partial acknowledgement of responsibility with regard to these
violations. In particular, the State acknowledged: (i) the prolonged delay in the
investigations, including those aimed at the identification of the mortal remains of Ana
Rosa Castiblanco, the determination of the circumstances in which Carlos Horacio Urán’s
death occurred, and the fate of the other presumed victims; (ii) errors in the conduct of the
investigations with regard to the handling of the corpses, the lack of rigor in the inspection
and preservation of the scene of the events, the inappropriate handling of the evidence
collected, and the errors in the chain of custody of the evidence. However, regarding the
intervention of the military jurisdiction, the State argued that this is not prohibited by
international law and “the examination of the facts was not entrusted exclusively to this
type of judicial authority.” Colombia argued that “the presumed partiality and absence of
independence of the authorities of the military criminal justice system in some of the cases
decided [has not been proved] or the presumed infringements of the standards in force at
the time concerning the cases that should be heard by ordinary justice and those that
should be heard by military justice.” It emphasized that, at the present time, the Prosecutor
General’s Office is responsible for the investigations into possible human rights violations
related to the events of the Palace of Justice, and the trial stage is being conducted in the
ordinary jurisdiction. The State also argued that, even when the evidence reveals errors in
the handling of the corpses and the evidence at the scene of the events, this is not
sufficient “to assert that this corresponded to deliberate actions that can be attributed to
State agents.” According to the State, “in the conditions encountered in the Palace of
Justice, and in the absence of clear standards at the time,” certain actions or instructions of
military personnel “do not appear completely unreasonable.” It indicated that, “at the time
of the events, there were no protocols for dealing with massive disasters, especially from
the perspective of criminal investigation techniques.” Furthermore, it stressed that the
military criminal judges “were not the only authorities present in the Palace.” Regarding the
confinement in military facilities of some members of the security forces, the State argued
that this “was chosen based on rational and objective considerations that relate to the
protection of their life and personal integrity, and that, in any case, Colombian laws contain
mechanisms to contest the decisions taken in this regard.”
B. Considerations of the Court
433. In this case, proceedings have been instituted in the military criminal jurisdiction, four
proceedings in the ordinary criminal jurisdiction, disciplinary proceedings before the offices
of the Special Attorneys assigned to the Military Forces and to the National Police, and also
several contentious-administrative proceedings. As a result of the proceedings in the
ordinary criminal jurisdiction, two retired members of the Army have been convicted as
presumed indirect authors. One of them was convicted of the forced disappearance of two
presumed victims and the other for the forced disappearance of five presumed victims.
Nevertheless, none of these judgments is final, because decisions are pending on the
respective appeals for cassation. Furthermore, three members of the Army were acquitted
of these disappearances in a first instance judgment that is pending an appeal, and criminal
proceedings underway against several perpetrators are pending a first instance judgment.
434. In this regard, the Court recalls that, in this case, there is no dispute as regards the
State’s international responsibility for failure to comply with the guarantee of a reasonable
representatives related the alleged violations of Articles 8 and 25 of the Convention to Article 2 of this instrument, as
well as to Articles I(a) and XI of the Inter-American Convention on Forced Disappearance. Insofar as there are no
allegations of a possible violation of Article 2 (Domestic Legal Effects), or the relationship of the investigations to the
said articles of the Inter-American Convention on Forced Disappearance, the Court will not refer to an alleged violation
in this regard.
152
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