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threats were reported, precisely as a measure of prevention to forestall them and, in
this way, help prevent Senator Cepeda’s execution or at least try to prevent it. There is
no evidence that the State conducted an investigation of this kind at the appropriate
time. Indeed, in view of the context of violence faced by the UP and the PCC in
Colombia at the time of the facts, the obligation of due diligence in the face of the
reports of death threats acquired a special more rigorous nature, because it required
the State to prevent the violation of the rights of Senator Cepeda Vargas.135 Since this
obligation of means is more rigorous, it demanded prompt and immediate action by
the police, prosecutorial and judicial authorities ordering the opportune and necessary
measures to determine the authors of the threats made and the crimes committed in
this context.136
102. Consequently, in the said context, the execution of Senator Cepeda Vargas was
fostered, or at least permitted, by the series of abstentions of several public authorities
and institutions from adopting the necessary measures to protect his life, in particular
the absence of an adequate investigation into the threats within the framework of an
alleged plan to exterminate leaders of the UP. In this case, it is obvious that the
execution of a senator of the Republic could not have been perpetrated without the
necessary planning (supra para. 101) and coordination (infra paras. 114 and 115). The
failure to comply with the obligation to respect and guarantee Senator Cepeda’s right
to life commenced as of that moment, given the serious shortcomings in the State’s
obligations of prevention and of protection.
B.
THE OBLIGATION
VARGAS
TO RESPECT THE RIGHT TO LIFE OF
SENATOR CEPEDA
103. To determine the scope of the State’s responsibility for the act perpetrated
against Senator Cepeda Vargas by various agents, various contributions to the
domestic investigations and proceedings must be examined, because the two
sergeants of the Colombian Army sentenced and convicted as the perpetrators could
not have acted alone in the execution. The State acknowledged this when admitting
that the delay in the investigations thwarted the determination of the masterminds
(supra paras. 13). As the authorities themselves have confirmed, the execution was
perpetrated by several individuals; 137 hence, a division of tasks can be observed.138
Thus, while one group of individuals shot Senator Cepeda, other groups protected that
group and ensured its escape.139 However, the failure to identify all the participants in
the facts in the course of criminal proceedings does not prevent the Court from
135
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 36, paras. 174 and 175.
136
Cf. Pueblo Bello Massacre v. Colombia. Merits, reparations and costs. Judgment of January 31, 2006.
Series C No. 140, para. 126. See also, mutatis mutandi, Case of González et al. (“Campo Algodonero”) v. Mexico,
supra note 15, para. 283; Case of the “Mapiripán Massacre” v. Colombia. Merits, reparations and costs, supra note
22, para. 123, and Case of Valle Jaramillo et al. v. Colombia, supra note 16, para. 76.
137
The judge of first instance indicated that Senator Cepeda Vargas “was killed by several individuals who
intercepted his vehicle, and it was ascertained that some of them were driving in a white Renault 9 Brio.” Judgment
delivered by the Third Criminal Court of the Santafé de Bogotá Specialized Circuit in Investigation No. 5393-3, on
December 16, 1999, supra note 75, folio 1657.
138
Similarly, the Evaluation Report by the office of the Second District Attorney of Santafé de Bogotá in case
No. 143-6444 of 1997, supra note 96, folio 1418.
139
Cf. Evaluation Report by the office of the Second District Attorney of Santafé de Bogotá in case No. 1436444 of 1997, supra note 96, folio 1418.
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