d)
references made to Press Release 001 issued by the National Police,
where the victims were said to be guerrilla fighters, have been redressed by
the State through judgments of the State Council, which are public and
highlighted that none of the five victims carried out illegal activities; through
explicit acknowledgment of responsibility by the State; through the judgment
on the merits issued by the Inter-American Court, and through publicity of the
case in the national and international press.
The publicity measures
requested are not proportional to the damage that said press release might
have caused; and
e)
with respect to the request regarding recovery of the memory of
N.N./Moisés, the State considers that domestic criminal proceedings
established that he was a FARC - EP guerrilla fighter who was captured alive
and, subsequently, summarily executed, for which the State already
acknowledged its responsibility.
Considerations of the Court
65.
The Court has carefully studied the statements and arguments of the parties
regarding guarantees of non-recidivism and measures of satisfaction.
66.
As regards the request for the Court to declare that Colombia must
investigate and punish the authors of the facts in the instant case, this Court must
first state that the American Convention guarantees all persons’ access to justice to
protect their rights, and that it is the duty of the States Party to prevent and
investigate human rights violations and to identify and punish their perpetrators and
the accessories after the fact.82 In other words, all human rights violations involve
the duty of the State to conduct an effective investigation to identify the persons
responsible of the violations and, if that were the case, to punish them.
67.
Therefore, the State has the obligation to effectively complete the ongoing
criminal proceedings with respect to the facts pertaining to the death of the victims
and that generated the violations of the American Convention in the instant case, to
identify the principals, as well as possible accessories after the fact, and to punish
them. The results of the proceeding must be made known to the public, for
Colombian society to know the truth.
68.
States should not argue lack of procedural activity by the interested parties as
a reason for not fulfilling their obligations, under the Convention, to investigate and
punish human rights violations. In the instant case, the duty of the State to
investigate, identify, and punish those responsible within the ongoing criminal
proceeding (supra para. 35.n), is an obligation under the Convention which the State
must fulfill and carry out ex officio in an effective way, whether the victims or their
representatives do or do not exercise the capacities foreseen by domestic legislation
for them to participate in the proceedings opened to that effect.
82
Cf. El Caracazo Case. Reparations, supra note 2, para. 115; Trujillo Oroza Case. Reparations,
supra note 2, para. 99; and Bámaca Velásquez Case. Reparations, supra note 2, para. 75.
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