118
responsible for the violations of rights protected by the American Convention.”243 In
this regard, the Court has established that the State has the obligation to combat
impunity by all available legal means, because it encourages the chronic repetition of
the human rights violations and the total defenselessness of the victims and their
next of kin.244
300. The Court appreciates the difficult circumstances that Colombia is
experiencing, in which its population and its institutions are endeavoring to achieve
peace. Nevertheless, the country’s situation, however difficult, does not liberate the
State Party to the American Convention from its obligations under this treaty, which
subsist particularly in cases such as this one.245 The Court has maintained that by
implementing or tolerating actions aimed at carrying out extrajudicial executions,
failing to investigate them adequately and, when applicable, failing to punish those
responsible effectively, the State violates its obligation to respect and ensure the
rights established in the Convention and to guarantee their free and full exercise to
both the alleged victims and their next of kin, prevents society from knowing what
happened,246 and reproduces the conditions of impunity for this type of acts to be
repeated.247
301. The Court will now examine the measures taken in the ordinary criminal
investigation into the events of La Granja and, then, those corresponding to El Aro,
to determine how the State failed to comply with its obligation under the Convention.
i) Criminal proceedings concerning the events in La Granja
302. In the case of La Granja it has been proved that the paramilitary group raided
this district on June 11, 1996, and that the preliminary inquiry into the facts lasted
three years. It was not until June 17, 1999, that the National Human Rights Unit of
the Prosecutor General’s Office decided to open the pre-trial proceedings (supra
para. 125(43)).
303. It has been proved that more than 20 persons (supra para. 125(33)) took
part in the incursion in La Granja and that they acted with the acquiescence and
tolerance of the law enforcement bodies. However, ten years after these events, the
State has only convicted four persons. Moreover, the arrest warrants issued against
Carlos Castaño Gil, Isaías Montes Hernández and Fabio León Mejía Uribe, members
of the paramilitary group, have not been executed, which renders the whole
243
Cf. Case of the “Mapiripán Massacre”, supra note 8, para. 237; Case of the Moiwana Community,
supra note 12, para. 203; and the Serrano Cruz Sisters case. Judgment of March 1, 2005. Series C No.
120, para. 170.
244
Cf. Case of Baldeón García, supra note 5, para. 168; Case of the Pueblo Bello Massacre, supra
note 9, para. 266; and Case of the “Mapiripán Massacre”, supra note 8, para. 237.
245
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 146; Case of García Asto and Ramírez
Rojas, supra note 5, para. 170; and Case of the “Mapiripán Massacre”, supra note 8, para. 238.
246
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 146; Case of the “Mapiripán
Massacre”, supra note 8, para. 238; and Case of the Moiwana Community, supra note 12, para. 153.
247
Cf. Case of Baldeón García, supra note 5, para. 195; Case of the Pueblo Bello Massacre, supra
note 9, para. 266; and Case of Gómez Palomino. Judgment of November 22, 2005. Series C No. 136,
para. 76.
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