47
is clearly demonstrated. This lack of due diligence is manifested in the unreasonable length
of the proceedings; the failure to adopt the necessary measures to protect against the
threats which arose during the investigations; the delays, obstacles and obstructions which
arose during the proceedings, and the grave omissions in the development of logical lines of
investigation.
156. The focal point of analysis of whether the proceedings in this case were effective is
whether they complied with the obligation to investigate with due diligence. This obligation
requires that the body investigating a violation of human rights use all available means to
carry out all such steps and inquiries as are necessary to achieve the goal pursued within a
reasonable time.145 The obligation to employ due diligence is particularly stringent and
important in the face of the seriousness of the crimes committed and the nature of the
rights violated.146 In this sense, all necessary measures must be adopted in order to prevent
the systematic patterns that led to the commission of serious human rights violations.
157. In order to examine the diligence employed in the identification of all those
responsible for the massacre of The Rochela, the Court deems it important to take into
account the factors indicated (supra para. 90, 91, 99, 102, 109, and 111) with regard to:
the number of individuals who participated in the massacre, the collaboration and
acquiescence of state agents, the motive of the massacre, the direct relationship between
the “Los Masetos” paramilitary group and the ACDEGAM paramilitary group and their links
to senior commanders of security forces in the area, as well as the fact that during the
investigations into the Rochela Massacre, Army personnel obstructed the capture of some
individuals (supra para. 172 to 175).
158. In context of the facts of the present case, the principles of due diligence required
that the proceedings be carried out taking into account the complexity of the facts, the
context in which they occurred147 and the systematic patterns that explain why the events
occurred. In addition, the proceedings should have ensured that there were no omissions in
gathering evidence or in the development of logical lines of investigation. Thus, the judicial
authorities should have borne in mind the factors indicated in the preceding paragraph that
denote a complex structure of individuals involved in the planning and execution of the
crime, which entailed the direct participation of many individuals and the support or
collaboration of others, including State agents. This organizational structure existed before
the crime and persisted after it had been perpetrated, because the individuals who belong
to it share common goals.
159. According to the results of the investigations into the massacre, which have been
described above (supra para. 154), it should be noted that, during 18 years of
investigations and proceedings, only six members of the “Los Masetos” paramilitary group,
one leader of the ACDEGAM paramilitary group and one soldier (who was a sergeant) have
been convicted. Despite the fact that this soldier was identified as a collaborator with the
“Los Masetos” paramilitary group, he was only sentenced to one year’s detention for
concealment with regard to information regarding paramilitary member Julián Jaimes.
145
Cf. Case of Gómez-Palomino, supra note 119, para. 80; and Case of the Serrano Cruz Sisters. Judgment of
March 1, 2005. Series C No. 120, para. 83.
146
Cf. Case of La Cantuta, supra note 8, para. 157; Case of Goiburú et al., supra note 11, para. 84; and Case
of Almonacid Arellano et al., supra note 16, para. 99 and 111.
147
Cf. Case of the Serrano Cruz Sisters, supra note 145, para. 88 and 105.
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