10
National Unit of Human Rights and International Humanitarian Law, five cases before the
sectional directive of Antioquia, and three cases before the sectional directive of Bogotá.
26.
The representative indicated, among other things, that “[the] crimes perpetrated
against the members of the Peace Community never have been investigated as what they
truly are: as Crimes Against Humanity.” During the public hearing (supra Having Seen 5),
the representative mentioned that “the type of justice that is being implemented for the
crimes that have affected the Peace Community is contrary to international law and to
numerous constitutional and national legal precepts, [because] it is evident to any observer
that, against the population of San José de Apartadó [and] especially, against the members
of the Peace Community, there systematic crimes have been perpetrated following the same
script for almost fifteen years[,] whose responsibility lies with direct and indirect agents of
the State that have acted in a coordinated manner.” Additionally, the representative
indicated that “another structural flaw that affects the credibility and validity of the
investigations of the Prosecutor and Colombian judges is the handling of evidence. In this
regard, during the public hearing the Representative indicated that “the Peace Community
has also questioned the methods used by the Prosecutor to demonstrate results, because
they are supported by a justice that is always reduced to testimony alone; in this case the
testimony of persons who for decades have been involved in barbaric practices, whose
credibility is far too fragile, is converted into proof; and said justice has been exercised
against rural persons in the area, including against members of the Community.”
27.
The Commission “value[d] that on March 26, 2009, the Second Criminal Tribunal of
the Apartadó Circuit issued a conviction against seven individuals in which a penalty of 30
years in prison was imposed for the death of Edilberto Vásquez Córdoba;” however, it
requested that the Court “require that the State produce probative evidence that supports
said information and that it informs whether said persons are actually serving their
sentence.” The Commission also referred to the investigation in the case of Rodrigo Salas
David, which according to information presented by the State, passed from the military
criminal justice system to the ordinary justice system. Consequently, the Commission
requested that the Court “require the state to provide documentation complementing this
particular information.” During the public hearing, the Commission indicated that “it
understood that the State was submitting a report regarding the advances of the
investigation, for which the Commission reserved the right to analyze said information,” but
that the elements it had relied on prior to the hearing indicated that “there had not been
significant advances in the majority of the information presented by the State in relation to
investigations and specifically regarding the multiple threats received by Mr. Eduar
Lanchero,” for which it reiterated its request for precise information regarding “all and each
of the threats received” by said person.
28.
The Court observes that the State has been informing about diverse investigations
initiated in relation to acts which apparently took place against beneficiaries of the present
provisional measures. According to the most recent information, presented by the State
during the public hearing (supra Having Seen 5), there are 227 “initiated” investigations;
however, in the document that was presented during the same hearing, the State only
provided information of 18 cases being followed, respectively, before the National Unit of
Human Rights and International Humanitarian Law and the Sectional Directive of Antioquia
and Bogotá. The Tribunal observes that said information also refers, inter alia, to
investigations initiated for or against persons that are not beneficiaries of the present
provisional measures, such as that related to “threats” in which the victim is the “priest
Javier Giraldo Moreno,” or that related to the “injury, defamation, and false accusations”
against “Coronel Néstor Iván Duque López”.