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themselves, “only one of them […] achieved any results, the rest were filed or
declared time-barred.”
i)
Concerning the events that occurred in La Granja
(a)
The investigation in this case was “officially opened” on June 17, 1999;
namely three years after the facts took place;
(b)
Today, more than nine years after the massacre, of the 20 people
directly involved in its perpetration, neither the masterminds, nor even the
one person convicted are in prison and the preventive measures ordered have
never been executed; and
(d)
Only Police Lieutenant José Vicente Castro has been sentenced in first
instance on November 14, 2003. However, on July 12, 2004, the Antioquia
Superior Court revoked the decision in first instance, declaring the only
person who had been prosecuted to be innocent and ordering his immediate
release.
ii)
Concerning the events that occurred in El Aro
(a)
Despite the decisions taken by the Attorney General’s Office regarding
the responsibility of State agents, Colombia has not made any significant
progress in the criminal prosecution and punishment of the members of the
Police and the National Army based in the zone of El Aro at the time of the
facts;
(b)
Of the 30 perpetrators and the masterminds, only one person
investigated in the case is in prison for committing other crimes, since the
State has demonstrated an unwillingness to execute the arrest warrants.
Also, “no substantial progress has been made in determining the
responsibility of the State agents involved”; and
(c)
With the exception of Francisco Enrique Villalba, who is serving a
prison sentence for other crimes, no other person is serving the sentence
imposed by the Second Criminal Court of the Antioquia Specialized Circuit on
April 22, 2003.
The representatives’ arguments
281. In relation to Articles 8(1) and 25 of the American Convention, the
representatives endorsed the arguments of the Inter-American Commission in
relation to the status of the domestic investigations and stated that:
(a)
Colombia has not provided the alleged victims and their next of kin
with effective remedies that guarantee the right to the truth, justice and
reparation for these grave human rights violations;
(b)
The administrative proceedings have not achieved their purpose. Three
complaints were filed against “the Colombian Nation – the National Army”; 11
proceedings are awaiting a ruling, and two have been decided against the
interests of the complainants, rejecting the claims made in the complaint
based on arguments of a formal nature that are being reviewed in appeal;
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