84
and hindrances caused to the investigation, as well as the unjustified delays in the
proceedings, all of which has provided partial impunity in this case.
289. The Court repeats that the State is obliged to combat this situation by resorting to all
available means, as impunity fosters the chronic repetition of human rights violations and
renders victims and their relatives, who have a right to know the truth concerning the
events, completely defenseless261. The acknowledgment and exercise of the right to know
the truth in a specific situation constitutes a means of reparation. Therefore, in the instant
case, the right to know the truth gives rise to the victims’ expectations, which the State
must satisfy.262
290. As for measures to fight impunity, the State held that “the National Office of the
Attorney General has adopted juridical interpretations aimed at preventing events of
impunity”.
291. In this regard, the Court notes that the Office of the Attorney General has held two
distinct positions concerning the investigation of conspiracy to commit a crime and the
analysis of whether or not it may be prosecuted under the applicable statute of limitations,
taking into account the paramilitary member's involvement in the commission of serious
human rights violations.263 In one case, the Office of the Attorney General held that
aggravated conspiracy to commit a crime, “although not within the categories of genocide,
war crimes, or crimes against humanity, does have a close relation with them, making it
exempt from any statute of limitations” on criminal prosecution against serious human
rights violations.264 However, in another resolution, the Office of the Attorney General failed
to establish whether there exists a "close relationship" between conspiracy to commit a
crime and serious human rights violations and instead stated that “no charges may be
brought against” four persons for conspiracy to commit a crime, since the criminal action
had been time-barred under the statute of limitations.265 The result of the latter finding was
that the investigation regarding one person accused of being a member of “Los Masetos”
was closed.
292. The Court stresses that when a judicial officer decides that a criminal action for
conspiracy brought against a member of a paramilitary group is time barred, this decision
should be based upon an exhaustive assessment of evidence which verifies that the
paramilitary member’s participation and association with this paramilitary group was
unrelated to the commission of grave violations of human rights
261
Cf. Case of the Miguel Castro Castro Prison, supra note 8, para. 440; Case of Almonacid Arellano et al.,
supra note 16, para. 148; and Case of the Moiwana Community, supra note 7, para. 204.
262
Cf. Case of the Miguel Castro Castro Prison, supra note 8, para. 440; Case of Blanco Romero et al., supra
note 119, para. 95; and Case of the Moiwana Community, supra note 7, para. 204.
263
Concerning the cases of Waldo Patiño García and retired Lieutenant Luis Enrique Andrade Ortiz (supra
notes 135 and 144).
264
Cf. order of January 19, 2007 issued by the Office of the Fourteenth Specialized Prosecutor for the
National Human Rights and International Humanitarian Law Unit (record of evidences to the State’s written closing,
volume II, pages 8015 and 8018).
265
Cf. order issued on March 21, 2006 by the Office of the Fourteenth Specialized Prosecutor for the National
Human Rights and International Humanitarian Law Unit (record of evidences to the State’s reply brief, volume II,
evidence 3U, pages 5026 and 5041)
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