20. On February 18, 1992 the case was referred to the Public Order Office of Cali, and on April
12, 1996 the Regional Court of Cali ordered that the investigation be continued, in keeping
with the judgment of the Superior Court. On July 28, 1996, the investigation was assumed by
the National Human Rights Unit of the Office of the Attorney General. On September 12, 1997
the National Human Rights Unit issued an indictment of Maj. Oscar de Jesús Echandía Sánchez
as the person allegedly responsible for the crimes of aggravated homicide for terrorist
purposes, and attempted aggravated homicide, to the detriment of the victims. Nonetheless,
on February 18, 1998, the Office of the Regional Prosecutor precluded the investigation. On
November 30, 1997, the Office of the Regional Prosecutor-Delegate before the Supreme Court
of Justice, issued a restraining order against Congressman Tiberio Villarreal Ramos, who was
said to be one of the planners of the massacre.
21. According to the information provided by the State, on January 7, 1999 the then-Terrorism
Unit of the Office of the Regional Prosecutor of Bogotá issued an indictment against Messrs.
Nelson Lesmes Leguizamón and Marcelino Panesso Ocampo, as alleged planners of the
homicide of 13 of the victims, and of the attempted homicide of the three surviving victims. On
October 15, 1999 the Prosecutorial Unit before the Superior Court of the Judicial District of
Bogotá affirmed the indictment of Nelson Lesmes Leguizamón, who later died. On February 1,
2000 the investigation was referred to the Specialized Criminal Circuit Courts of Bucaramanga
to initiate the trial stage against Marcelino Panesso. On December 28, 2000 the Office of the
Attorney General ordered that the investigation into the rest of the accused be heard by a
specialized prosecutor from the National Technical Investigation Unit (CTI).11
22. As regards the dynamics of the process, the State alleges that in the first stages, justice
was administered in a prompt and lawful fashion. It indicates that the investigation is ongoing
thanks to the elements incorporated from the statements by Alonso de Jesús Baquero Agudelo,
alias Vladimir, and that therefore the reasonableness of the time transpired must be weighed
vis-à-vis the appearance of new evidence that allowed the investigation to continue. At the
same time, the State suggests that considering that the statement given by Baquero Agudelo
was compensated for by procedural benefits related to the serving of his sentence (see supra,
paragraph 18), his assertions are questionable. It alleges that this factor has prolonged the
effective conclusion of the proceeding. It highlights that the investigation in question involves
dismantling a criminal organization of the self-defense groups and the difficulties this entails.
In addition, it points out that the activity by the civil party to the proceeding has been limited,
and that this factor has not helped clarify the matter.
23. As regards the activity of the disciplinary jurisdiction, the State indicates that on February
6, 1991 the Office of the Procurator Delegate for the Military Forces initiated a formal
investigation and laid charges against Maj. Oscar Robayo Valencia, Lt. Luis Enrique Andrade
Ortiz, and Sgt. Otoniel Hernández Arciniegas. Nonetheless, on June 7, 1994, a prescription of
the disciplinary action was declared. In addition, the State indicated that the next-of-kin of
several of the victims had brought proceedings before the contentious-administrative
jurisdiction, that the State had been ordered to pay compensation, and that it had been duly
paid.12
24. The State concludes in its communication of March 5, 2001 that for these reasons, it
should be considered that the petition does not satisfy the requirement of prior exhaustion of
domestic remedies provided for in Article 46(1)(a) of the American Convention. In addition, it
considers that the procedural history of the case justifies extending the time of the
investigation.
IV.
ANALYSIS OF COMPETENCE AND ADMISSIBILITY
A.
Competence
11Id.
12 Information provided by the State in the hearing held during the 112th session.
5