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i.
Dismantle the paramilitary groups, particularly those led by Carlos
Castaño, Fidel Castaño and Salvatore Mancuso. In this regard, the
State should be ordered to promote the dismissal from the Army or
law enforcement bodies of any member regarding whom there are
credible and consistent accusations of connections with paramilitary
groups;
ii. Guarantee that it will keep open the investigations in the ordinary
jurisdiction until the bodies of the 37 victims who have not yet been
identified are found and also ensure that all the perpetrators are
individualized and prosecuted, in proceedings with full guarantees and,
if found guilty, sentenced to penalities that are proportionate to the
gravity of the violations committed, and
iii. Guarantee, by means of mechanisms and procedures that are
respectful of human rights, the restitution of the property, both
movables and immovables, that was abandoned by the owners,
possessors or holders, who were obliged to displace.
(c) Process the criminal cases in keeping with the standards established in the
American Convention and the Inter-American Convention on Forced
Disappearance of Persons and, in particular, undertake to process them in
the civil rather than the military jurisdiction. In this regard, they also
requested the Court to recommend that the State deposit the instrument
ratifying the Inter-American Convention on Forced Disappearance of
Persons;
(d) Avoid the use of mechanisms such as amnesty, the statute of limitations,
and creating excuses to avoid responsibility, as well as measures that
seek to prevent criminal prosecution or eliminate the effects of final
judgments, and
(e) Guarantee to the next of kin that it will undertake a genuine and
exhaustive search for the alleged victims so that they can return to their
families or their remains can be returned to the latter.
263.
Arguments of the State
(a) The criminal investigations continue, monitored by the petitioners in their
capacity as the claimant, and important measures have been taken to
achieve the full identification of the alleged victims and to locate their
mortal remains;
(b) Those responsible have been fully identified and recognized as such by
society, taking into account the publicity given to the judgments
convicting them in the proceedings relating to the case;
(c) The authorities are making every possible effort to capture the individuals
who have been declared responsible for these facts by the judicial
authorities, and
(d) Every State institution is utterly determined to combat all illegal armed
groups. The effectiveness of the law enforcement bodies is reflected by
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