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violations promoted and tolerated by a series of uncoordinated investigations that have
been insufficient to duly clarify the facts and, consequently, have not complied
satisfactorily with the obligation to investigate the violation of the right to life
effectively.
126. Based on the above, together with the failure to comply with the obligations of
prevention, protection and investigation with regard to the extrajudicial execution
perpetrated, the Court declares the aggravated responsibility of the State for the
violation of the rights to life and personal integrity established in Articles 4(1) and 5(1)
of the Convention, in relation to Article 1(1) thereof, to the detriment of Senator
Manuel Cepeda Vargas.
IV.4
THE RIGHTS TO JUDICIAL GUARANTEES AND JUDICIAL PROTECTION
(ARTICLES 8(1) AND 25 IN RELATION TO ARTICLE 1(1) OF THE AMERICAN CONVENTION)
127. First, it should be recalled that the State has partially acknowledged its
responsibility for the violation of Articles 8, 25 and 1(1) of the Convention “essentially,
because it had exceeded a reasonable time for the investigation” (supra para. 13).
Later it indicated that, as a result of the delay in the investigations, “as yet, it had not
been possible to establish the identity of the masterminds of the murder, and the
underlying criminal structure that promoted it”;181 hence, an investigation opened ex
officio was underway to identify other authors of the facts, and was at the pre-trial
investigation stage.
128. In the instant case, the Court notes that, even though 16 years have elapsed
since the facts occurred, the criminal proceedings are still open, without all those
responsible having been prosecuted and eventually punished. This has exceeded
excessively the time frame that could be considered reasonable for this purpose. In
light of these considerations and of the State’s acknowledgement of responsibility, the
Court finds that it has been proved that the State failed to comply with the
requirements of Article 8(1) of the Convention.
129. Consequently, and since the State has acknowledged the existence of a criminal
structure that took part in the execution of Senator Cepeda Vargas, it only remains for
the Court to examine the aspects where the dispute between the parties subsists; in
particular, the alleged ineffectiveness of the disciplinary and administrative-law
proceedings, the lack of due diligence in the criminal investigations, and the alleged
obstacles to the investigation.
130. In order to guarantee the right of access to justice in the case of an extrajudicial
execution, in which criminal proceedings play a vital role, other mechanisms, methods
and proceedings available under domestic law182 may be useful or effective as
complementary elements in order to establish the truth, determine the scope and
dimensions of the State’s responsibility, and make integral reparation for the
181
182
Brief in answer to the application, para. 609.
Principle 12 of Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of
Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law
(Resolution 60/147 adopted by the United Nations General Assembly on December 16, 2005).
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