November 6 and 7, 1985; (C) the presumed victims in this case; (D) the processing of the
crime scene; (E) the autopsies and the identification of the bodies, and (F) the investigation
of the events. However, before analyzing the facts of the case, the Court finds it pertinent
to include some considerations on the probative value of the Report of the Truth
Commission, which was contested by the State as a source of evidence of the facts of this
case.
84. The State acknowledged “the important effort made by the Truth Commission, but
[noted] that it is not an official or a judicial body for the establishment of the [truth].” In
this regard, it indicated that the commission was created by the Supreme Court of Justice,
“an institutional victim” of the events, and “its composition did not represent the different
sectors and components of the Colombian nation or, at least, those involved in the events
of November [6 and 7,] 1985.” In addition, the State asserted that, pursuant to its internal
rules, the Supreme Court of Justice “did not and does not have competence […] to create
[…] a truth commission with the nature of a public entity or organization.” The State noted
that, “since it was unofficial, the commission did not receive logistic, material or human
support from any State body.” Consequently, it argued that “the Final Report of the Truth
Commission […] is an important source, but not the truth, especially if it also suffers from
substantive problems.” Neither the Commission nor the representatives presented specific
arguments on the legitimacy of the Report of the Truth Commission; however, they both
used this report to found their arguments.
85. In this regard, the Court notes that the Truth Commission was created by a decision
of the Supreme Court of Justice, in a regular session on August 18, 2005, so that the report
of this commission would “represent an obligatory reference point for those who wished to
know what really happened [during the taking and retaking of the Palace of Justice],”
bearing in mind that, “for the Supreme Court of Justice, as an institutional victim, and for
the next of kin of those who died, their right to the truth has not been satisfied.” Three
former presidents of the Supreme Court of Justice, Jorge Aníbal Gómez Gallego, Nilson
Pinilla Pinilla and José Roberto Herrera, were appointed members of the commission. In
addition, it was explained that “[i]n the preparation of the report, the Supreme Court of
Justice did not, and could not, allude to the exercise of any jurisdictional function, because
this was not so; [nor does it involve the] exercise of punitive powers.” 92 The Truth
Commission issued its final report in 2010.
86.
According to the Report of the Truth Commission, when preparing it:
[T]he Commission designed and implemented an investigative strategy that consisted in consulting
official and private sources, an activity that allowed it to collect and systematize the information
contained in the disciplinary, contentious-administrative, and criminal proceedings; the news,
stories, and articles published in the different social media; the archives of some Ministries, the
National Institute of Forensic Medicine and Science, the Attorney General’s office, the Office of the
President of the Republic, the Chamber of Representatives, as well as abundant bibliography,
academic research and articles on the events, from the most diverse sources.” 93
87. Also, on the 25th anniversary of the taking of the Palace of Justice, the President of
Colombia, Juan Manuel Santos, stated that:
The Report of the [Truth] Commission […], presents […] a complete diagnosis and a report on the
background, the events themselves, and what happened after the violent taking of the Palace of
Justice by the M-19 commandos. This document must be considered seriously and it is essential
that all the proceedings undertaken to clarify the events are duly concluded. 94
92
Cf. Minutes No. 23 of the regular session of the Plenary Chamber held on August 18, 2005 (evidence file, folios
37770 and 37771).
93
Cf. Report of the Truth Commission (evidence file, folio 28).
94
Presidency of the Republic of Colombia, President Santos rindió sentido homenaje a las víctimas de la toma del
Palacio de la Justicia. Available at http://wsp.presidencia.gov.co/Prensa/2010/Noviembre/Paginas/ 20101104_03.aspx
33
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