8
the information provided in what refers to its use in the ruling, but not with respect to
the access of the parties to it.
11.
That in the present case, Colombia has provided certain information regarding
the investigations, which has been transmitted and known by the representatives and
the Commission, but it requests that the Tribunal not make it public in its orders of
monitoring compliance. The Court will take into consideration all the information
provided and includes in this order only what is indispensable in order to determine the
degree of compliance with this operative paragraph. In what refers to the other
declarations made by the State (supra Considering Clause number 7), the Court
reiterates, as it has upon deciding other cases, that it is not a criminal court where the
criminal responsibility of individuals can be analyzed,9 reason for which in this phase it
shall not analyze the entire scope of the domestic investigations and processes, but
only the degree of compliance with that ordered in the Judgment.
*
*
*
12.
That the State informed that it is currently making progress, in the Human
Rights Unit of the Solicitor General Of the Republic, in a criminal process that is in its
preliminary stages regarding one person and in the investigation phase regarding
others, within the framework of which constant investigation activities are carried out.
It also indicated that it has issued arrest warrants and inquiry decisions, among other
actions. During the hearing, the State pointed out that there have been convictions
against twelve people for their participation in the facts, that since the issuing of the
Judgment of the Court an important investigative effort has been made; and that it will
continue with the inquiry proceedings of several people linked to this case, promising
to send information containing the details of the criminal actions carried out up to that
moment. It mentioned that up to February 2009 four people had been linked and
another three were captured. With regard to the observations made by the
representatives on the alleged negative of the Public Prosecutor to charge the people
linked with the crime of forced disappearance, the State argued that there is no
information whatsoever in the criminal case file referring to that request. In what
refers to the alleged lack of actions to relate State agents to the process, the State
indicated that it is a line of investigation constantly being followed, but it does not have
sufficient evidence to study it in depth. Likewise, it clarified that neither of the two
people recently captured are part of the “Justice and Peace” process. The State asked
that the Court declare that Colombia “is complying with this reparation measure.”
13.
That the representatives stated that the Human Rights Support Unit of the
Public Prosecutors’ Office of Medellín abstained from issuing the arrest warrants for the
people involved, for which there were sufficient elements to individualize them and
that indicated where they could be located. Likewise, they mentioned that the State
has not spread through the media the summons to any person who may have
information regarding the facts. The representatives also recalled that the State should
forward to the Court, every six months, detailed reports of the status of the
9
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4,
para. 134; Case of Yvon Neptune v. Haiti. Merits, Reparations, and Costs. Judgment of May 6, 2008. Series
C No. 180, para. 37; and Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series
C No. 35, para. 37. See also Case of Boyce et al. v. Barbados. Preliminary Objection, Merits, Reparations,
and Costs. Judgment of November 20, 2007. Series C No. 169, footnote 37; and Case of Zambrano Vélez et
al. v. Ecuador. Merits, Reparations, and Costs. Judgment of July 4, 2007. Series C No. 166, para. 93.