12
48.
The brief of July 8, 2003, in which the Commission presented its comments
on the State’s report of April 4, 2003 (supra forty-fifth having seen paragraph). In
this respect, it indicated that, since only one TDC had been established, even though
there were two different beneficiaries, the investment in favor of the minor, Iván
Andrés Caballero Parra, would be subject to different interest rates, which would be
relatively less favorable than the ones that would correspond to him if the TDC
remained in force until he attained his majority. It also indicated, with regard to the
investigation of the facts, that the preclusion of the investigation, and its
continuation in a preliminary stage could mean that in six months it was concluded
definitively. Lastly, the Commission added that the State had made no progress in
the search for and recovery of the remains of the victims.
49.
The report of the State of August 19, 2003, in which it presented additional
information to that of April 4, 2003 (supra forty-fifth having seen paragraph). In
this respect, it indicated that, at the meeting held with the petitioners, a change in
the ownership of the TDC had been ruled out, so as not to adversely affect the
financial conditions of the minors who were the beneficiaries of the reparations. It
also stated that on September 1, 2004, the Ministry of Defense would order the
financial institution, Bancafé Internacional to transfer half the amount of the TDC to
an account opened in the name of Ingrid Carolina, and to establish a new TDC in the
name of the representative of the minor, Iván Andrés Caballero Parra, with the
amount of the TDC that has already been established. Lastly, the State advised that
it had transmitted the comments presented by the Inter-American Commission and
the petitioners to the Office of the Attorney General and the Ministry of Defense.
50.
The brief of November 8, 2003, and its attachment, in which the
representatives of the victims and their next of kin presented their comments on the
additional information submitted by the State on August 19, 2003 (supra forty-ninth
having seen paragraph). In this respect, it indicated that as representatives of the
civil party, they had requested that an objection should be filed against the decision
of the Office of the Attorney General of June 13, 2003, which, inter alia, “releases
definitively the individuals who are involved and investigated.” They also objected to
the re-opening of the investigation that terminated in an acquittal in 1990.
However, on October 9, 2003, the Office of the Attorney General had rejected the
appeal that had been filed and had ruled on the arguments presented by stating that
“the investigation could not be re-opened, because it was necessary to initiate an
additional, independent procedure.” In this respect, it indicated that the Office of
the Attorney General had indicated that “it ha[d] no interest in promoting the review
procedure, if it was accepted that the decision [had not prejudiced] anything.”
Consequently, the representatives indicated that the State showed a lack of interest
in clarifying the facts and punishing those responsible. They also stated that Nodelia
Parra and her son could not file an action for judicial review with regard to the
acquittal of 1990, because they had not been procedural subjects in the criminal
proceeding, in which there was no civil party.
51.
The brief of November 10, 2003, and its attachment, in which the
Commission presented its comments on the additional report of the State of August
19, 2003 (supra forty-ninth having seen paragraph). In this respect, it indicated that
the representatives of the victims and their next of kin had contested the decision of
the Office of the Attorney General “which precluded the criminal investigation,”
based on the right to know the truth about what had happened, to have access to
justice, and on judgment C-004 of 2003 delivered by the Constitutional Court of
Colombia, which decided that, in cases in which the State had been declared
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents