6
justice, as well as the former and current inhabitants of Ituango7. Moreover, when
necessary, it is important to expose the existence of complex criminal structures and their
connections which made the violations possible8.
15.
That the Court also determined that the State did not guarantee prompt justice to
the victims, inasmuch as most of the responsible have not been included in the
investigations or have not been identified or accused despite the fact that the incidents of
this case were committed by a group of approximately 30 armed men with the knowledge,
tolerance and consent of the Colombian Army. Even, most of the people who have been
sentenced to serve a prison term have not been detained.9
16.
That the information forwarded to the Tribunal does not allow verifying the existence
of a significant progress as to the compliance with this measure of reparation. Of the eight
people on whom the State has provided information during the procedure to monitoring
compliance with the Judgment, six were already joined to the proceedings of this case on
the date this Order is issued by the Tribunal.10 Furthermore, the information forwarded by
the State regarding this measure of compliance refers to the proceedings conducted
between the year 2006 and February 2008. Therefore, the Tribunal has no information on
the records of pleadings of the last 15 months within the proceedings conducted or the
measures adopted to speed up the investigation and the judicial process and remove all
obstacles, de facto and de jure, that maintain impunity. The foregoing means that after 11
and 12 years of the massacres of La Granja and El Aro, respectively, the violations so
declared in the case at hand are still in the same condition of impunity that they were at the
moment of the delivery of the Judgment, almost three years ago.11
17.
That the murder of Mr. Francisco Enrique Villalba Hernández, a paramilitary officer
who had acknowledged his participation in the case and was under home detention in the
custody of the State, excluded the possibility that Mr. Villalba provide further information on
other perpetrators who participated in the massacres of Ituango, eliminating in this way a
possible source of evidence for pending criminal proceedings. In this connection, the
Tribunal pointed out (supra Considering clause 14) that the State must offer protection to
witnesses in cases of serious human rights violations. Mr. Villalba, due to his participation in
the facts, was a witness to the case and was under home detention on the date of his
murder, that is to say, under the protection of the State. In this sense, the Tribunal recalls
that the State must adopt the measures necessary to protect other witnesses, justice
administrators, victims and their next-of-kin that so require to guarantee that the
investigations in the instant case are not being obstructed.
7
Cf. Case of the Ituango Massacres v. Colombia. Preliminary Objection, Merits, Reparations and Costs.
Judgment of July 1, 2006. Series C N° 148, para. 400.
8
Cf. Case of La Rochela Massacre v. Colombia . Merits, Reparations and Costs. Judgment of May 11, 2007.
Series C N° 163, para 194; and Case of Valle Jaramillo et al v. Colombia. Merits, Reparations and Costs. Judgment
of November 27, 2008. Series C N° 192, para. 101.
9
Cf. Case of Ituango Massacres, supra note 7, para. 125(94); 303-307; 310-312; 321; 323 and 325.
Specifically, on July 8, 2005, the First Criminal Court of the Antioquia Specialized Circuit sentenced Orlando de
Jesús Mazo, a civilian, to 12 years’ imprisonment for the crime of conspiracy to commit a crime, terrorism and
extortion; Gilberto Antonio Tamayo Rengifo, a civilian, to 12 years’ imprisonment for the crimes of terrorism and
extortion; Carlos Antonio Carvajal Jaramillo, a civilian, to 72 months’ imprisonment charged with conspiracy to
commit a crime and extortion; and Jorge Alexander Sánchez Castro, Army Captain, to 31 years’ imprisonment for
aggravated murder and conspiracy to commit a crime .
10
Cf. Case of the Ituango Massacres, supra note 7, para. 303-307 and 311-312.
11
Cf. Case of the Ituango Massacres, supra note 7, para. 309, 321 and 325.