9
of the State but also in relation to actions of third parties, including irregular armed groups
of any nature.9
24.
Based on the aforementioned, and given the special characteristics of the present
matter and the general conditions of irregularity in the area, it is necessary to maintain
protection, through provisional measures, of all the members of the Peace Community, in
light of that provided by the American Convention on Human Rights. The state must
continue adopting measures which are necessary to address the particular situation of the
members of the Peace Community of San José de Apartadó.
*
*
*
25.
With respect to the investigations of the events which motivated the adoption of
these provisional measures (second operative paragraph of the Order of February 2008,
supra Having Seen 1), the State reported that the General Prosecutor of the Nation, through
the National Leadership of Prosecutors, in coordination with the Human Rights and
International Humanitarian Law Unit [hereinafter “UNDHDIH” for its name in Spanish] of
Bogotá D.C. and Medellín, and the Sectional Leaderships of Antioquía and Medellín, “have
given priority to the criminal investigations forwarded for crimes committed against
members of the Peace Community of San José de Apartadó.” The State has presented
detailed information relative to diverse investigations and processes. During the public
hearing held on the present matter, the State repeated this information and also added that
“it created a table of recorded information.”10 Additionally, the State also indicated that it
provided guidelines for keeping the recorded information updated with “new cases and their
advancement,” as well as for the purpose of periodically carrying out “Technical Juridical
Committees that permit, after the difficulties found in its development are known, the
implementation of investigative strategies in favor of optimizing results, thereby prioritizing
the cases related to the Peace Community of San José de Apartadó.” During said hearing
the State reported that “of the 227 investigations initiated, 105 of them have been exoficio, giving them due priority and creating technical juridical committees that permit their
period evaluation […] such as the creation of a particular group of prosecutors in the
UNDHDIH that are dedicated exclusively to the development of the matter of San José de
Apartadó.” The State also offered as results “the imposition of 94 measures of assurance,
31 resolutions of accusation and the conviction of 31 persons in 15 sentences proffered in
12 cases” for diverse crimes. However, the State made reference to a series of “obstacles”
to “the significant advancement of each of these investigations,” such as the scarcity of
information in relation to the events that have been put under consideration through
messages received by electronic mail, the lack of informative collaboration by the
Community of San José de Apartadó, as well as of the victims themselves who publicly have
recognized their refusal to assist the work of the judicial authorities. During the public
hearing (supra Having Seen 5), the State submitted a document regarding the
“investigation of crimes committed against members of the Peace Community of San José
de Apartadó,” in which, inter alia, it provided information regarding ten cases before the
9
Cf. Matter of Peace Community of San José de Apartadó, Provisional Measures regarding Colombia. Order
of March 15, 2005, operative paragraph second, subparagraph i), and Matter of Peace Community of San José
dede Apartadó, Provisional Measures regarding Colombia. Order of February 6, 2008, Considering seventeenth.
10
According to that reported by the State, this table includes, “in addition to the processes in progress, the
accounts of the alleged criminal events committed against members of the Peace Community of San José de
Apartadó and of persons to whom they provide services, which was remitted to the Prosecutorial Sectional
Directives of Antioquia and Medellín, and to the National Unit of Human Rights and International Humanitarian Law
for classification and the official commencement of the corresponding investigations.”