99 case file, Mr. Jorge Aguilar has also been convicted to a prison term of 26 years and 4 months for the crimes of murder of a protected person and retaliation, in ordering the murder of Ms. Yarce, and assaults inflicted upon her prior to the murder.484 341. Regarding the identification and punishment of the two alleged responsible, the petitioners believe that the murder of Ms. Yarce remains in impunity because the intellectual authors of the crimes have yet to be identified and punished. In their view, the investigation “does not clearly and conclusively reveal the truth about the facts, as the basic and fundamental premise of the State’s obligation to investigate, and as part of the victims and their family members’ reparation.”485 They note as well that “the investigation has not yielded positive results regarding the high military and paramilitary command of the zone, who were involved in the murder of Mrs. Ana Teresa Yarce.”486 342. The Inter-American Court has defined impunity “as the absence of any investigation pursuit, capture, prosecution and conviction of those responsible for the violations of rights protected by the American Convention.”487 The Court has also held that when a State has convicted the persons allegedly responsible in the context of the investigation, the impunity subsists to the extent that neither the whole truth about the facts has been determined, nor all those responsible identified.488 343. It must be noted that the judicial conviction of the two participants in the murder of Mrs. Ana Teresa Yarce represents a significant element in the view of the IACHR in its examination of the suitability of the investigation undertaken in order to clarify these crimes. However, the IACHR must consider in this examination to what extent do these convictions reflect an immediate, serious and thorough investigation of the crimes.489 344. The case file before the IACHR pertaining to this investigation contains statements from family members of Ana Teresa Yarce and from Maria del Socorro Mosquera and Mary Naranjo identifying several members of the paramilitary forces who threatened Mrs. Yarce prior to her killing, in addition to the participants who have already been punished, including the men known by the noms de guerre of Cosa Mala, Pipe, Horacio, Octavio, Guajiro, and others such as Jaime Obregón, Juan Gabriel and John James.490 The Office of the Public Prosecutor also established a nexus between these threats 484 Note DIDHD/GOI No. 77119/2954 from the Colombian State, November 15, 2012, p. 56; Colombian State’s Note DIDHD.GAPID No. 25483/1121 dated May 5, 2011, page 4. Provisional Measures Case File. 485 Observations of the Petitioners in reference to the matter of Miryam Eugenia Rúa et al –– Comuna 13 – November 22, 2011, pg. 23. 486 Observations of the Petitioners in reference to the matter of Miryam Eugenia Rúa Figueroa et al – Case 12.595 dated May 3, 2012, pg. 7. 487 IA Court of HR, Case of the Massacres of Ituango. Judgment July 1, 2006. Series C No. 148, par. 299. 488 IA Court of HR, Case of the Massacres of Ituango. Judgment July 1, 2006. Series C No. 148, par 320. 489 IA Court of HR, Case of Godínez Cruz v. Honduras. Judgment January 20, 1989. Series C No. 5, par. 188; IA Court of HR, Case of Velásquez Rodríguez v. Honduras. Judgment July 29, 1988. Series C No. 4, par. 177; IA Court of HR, Case of the “Street Children” (Villagrán Morales et al) v. Guatemala. Judgment November 19, 1999. Series C No. 63, par. 226. 490 Annex 69. Statement of Mónica Dulfary Orozco Yarce, Office of the Attorney General of the Nation, File: 2169, August 3, 2005; Annex 70. Statement of Shirley Vanessa Yarce, Office of the Attorney General of the Nation, File: 2169, September 7, 2005; Annex 72. Statement of Mery Naranjo, Office of the Attorney General of the Nation, December 13, 2004, Criminal proceeding on the murder of Mrs. Ana Teresa Yarce; Annex 73. Statement of Maria del Socorro Mosquera, Office of the Attorney General of the Nation, December 16, 2004; Annex 82. Addendum to the Testimony given by Mrs. Mosquera on

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