62
DAS was commissioned to locate witnesses and determine whether UNASE existed in the
municipality of Aguachica (supra para. 106), and after April 2002 an inspection of UNASE
headquarters was ordered, to determine its personnel in 1994 (supra para. 107). In May 2002
an inspection of the investigation into Omeara Miraval was ordered (supra para. 139).
Regarding all of the above, it should be noted that the information on UNASE personnel had
been incorporated into the investigation into Omeara Miraval since 1996. Therefore, there was
an unnecessary delay, in the investigation on Omeara Carrascal, in obtaining the information,
which was in the power of the state. Therefore, considering the possibility of the intervention
of members of the UNASE in the events, this resulted in negligent action in the follow-up of
lines of investigation.
234. Regarding the above, it should be noted that the May 2002 inspection mentioned in
the preceding paragraph was the first to be carried out. According to expert evidence rendered
before the Court, the judicial inspections were delayed.260
235. Furthermore, although in the investigation into Omeara Miraval in 1995 statements
had been received indicating Major JL's links with paramilitary groups in Aguachica (supra
footnote 248), that information was only incorporated into the investigation into Omeara
Carrascal in 2004 (supra para. 109). In addition, there is no resulting evidence that, after
2004, in the investigation on Omeara Carrascal, actions were taken to follow up on said
information, such as ordering the statement of Major JL or of the declarants who had stated
his link to the paramilitary groups.
B.2.2. Investigation into Omeara Miraval
236. Regarding the investigation in the events that occurred to Mr. Omeara Miraval, it should
be established, first of all, that the respective duty of the State arises not only from the
American Convention, but also, from the dates of its entry into force, of the Inter-American
Convention against Torture, whose violation in the case has already been determined based
on State recognition (supra para. 19) and of the Inter-American Convention on Forced
Disappearance.261 The Commission and the representatives argued the violation of these
treaties.
237. The Court also recalls that military justice “is not the appropriate jurisdiction to
investigate […] human rights violations.”262 However, it does not appear that in this case said
intervention has replaced, prevented, delayed, suspended or detrimentally affected in any way
the actions of other jurisdictions. Although the disciplinary investigation is not suitable to
replace the criminal jurisdiction263 and, furthermore, in this case, it did not lead to effective
sanctions, nor did it undermine other actions. Therefore, the Court does not consider it
necessary to examine the actions referred to, but rather proceeds to analyze actions in the
ordinary jurisdiction.
238. In this regard, it should be remembered that in cases in which it can be assumed that
a person is missing as a result of an illegal act, the States must act promptly in the first hours
and days after the report of disappearance or kidnapping.264 This Court also warns, as the
This was indicated by the expert Iván González Amado. Expert opinion of Iván González Amado, supra.
Regarding the Inter-American Convention against Torture, it has already been indicated that the date from
which Colombia's responsibility can be examined is February 18, 1999 (supra para. 209). The Inter-American
Convention on Forced Disappearance entered into force for the State on April 12, 2005.
262
Cf. Case of La Cantuta v. Peru. Merits, Reparations and Costs. Judgment of November 29, 2006. Series C
No. 162, para. 142, and Case of Coc Max et al. (Xamán Massacre) v. Guatemala, supra, para. 84.
263
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra, para. 204.
264
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 174, and Case of Terrones Silva et al. v.
Peru, supra, para. 203.
260
261