54
informed that “at the site of the events, there is an injured person who is still alive.” This
grave omission is closely related to what the surviving victim, Arturo Salgado, stated before
the Court when he expressed his surprise that no member of the Army or the Police came to
help him after the massacre, even though the military battalions were only 20 to 40 minutes
from the site of the massacre, and news of the massacre started to circulate at
approximately 1 p.m. It was the newspaper reporters who helped him at around 5 p.m.172
175. Regarding the obstacles to the administration of justice related to the capture of
those suspected of responsibility for the massacre, the Court has stated that the delay in
executing issued arrest warrants contributes to the repetition of acts of violence and
intimidation against witnesses and prosecutors connected to the determination of the truth
of the events,173 particularly when it is demonstrated that the survivors and several of the
next of kin and witnesses were harassed and threatened, and that some even had to leave
the country.
*
*
*
Unjustified delays in conducting procedural activities
176. There have also been unjustified delays in conducting procedural activities during the
judicial proceedings. The following are among the most important:
(a) For six years the investigations were at a standstill. The State indicated that there
were “some delays” given that “the case was in general proceedings before the
Public Order Tribunal [Tribunal de Orden Público] and the Supreme Court of Justice
[Corte Suprema de Justicia] from February 1990 to February 1992.”174 It should be
noted that in 1990, the appeals court ordered that the investigation be continued
with regard to individuals who were “mentioned and accused but ignored during the
preliminary proceedings.”175 However, this order was only implemented when the
National Human Rights Unit of the Attorney General’s Office took over the case for
the first time in 1996;176
(b) Remedying the partial nullification of the proceedings with regard to seven persons
took 15 years.177 This nullification was decreed in 1990 by the court that heard the
the morning on the following day, “according to express orders of […] General VACCA PERILLA, and if they went to
the site it would be on their own account and at their own risk. Thus, we took the risk in order to arrive at the
site.”
172
Cf. testimonial statement by Arturo Salgado Garzón during the public hearing held before the InterAmerican Court on January 31 and February 1, 2007.
173
Cf. Case of the Ituango Massacres, supra note 15, para. 322.
174
Cf. report of August 25, 2006, issued by the National Human Rights and International Humanitarian Law
Unit (record of evidences to the State’s reply brief, volume I, evidence 1, page 4578).
175
Cf. judgment of November 14, 1990, issued by the Superior Tribunal of Public Order (record of evidences
to the application, volume I, evidence A32, page 525).
176
The National Human Rights Unit “undertook” the case on July 28, 1996 and produced its first order related
to the case in November of 1996. Cf. report of August 25, 2006, issued by the National Human Rights and
International Humanitarian Law Unit (record of evidences to the State’s reply brief, volume I, evidence 1, page
4578).
177
Norberto de Jesús Martínez Sierra, Rafael Pombo, Anselmo Martínez, Robinson Fontecha, Wilson Cardona
Camacho, Oscar Moreno Rivera and Jesús Antonio Cárdenas.
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