-119July 31, 2000, the Office left open the possibility of the responsibility of the officer in
charge of the roadblock based on Escobar Mejía’s statement, even though it
considered it could not continue the investigation (supra para. 95(145)). Despite
this, the other jurisdictions did not consider these possibilities within their respective
inquiries and investigations.
201. With regard to the nature of the offences investigated, the accusations
formulated in the first part of the proceedings against the two officers in charge of
the base and the military roadblock were for “omission by ‘Failing to comply
opportunely and with due diligence with the obligations and duties of service.’” In the
second part of the investigation, it is worth noting that the Attorney General’s Office
investigated the possible forced disappearance of persons vis-à-vis Article 12 of the
Colombian Constitution (prohibition of forced disappearances) and several
international norms: the Universal Declaration of Human Rights, the American
Convention on Human Rights and the International Covenant on Civil and Political
Rights. Despite this, the specific norms on which this second investigation was based
were several articles of the abovementioned Decree No. 085 of 1989 (Armed Forces
Disciplinary Regime); moreover, it did not contemplate possible torture or multiple
homicide, since it considered that these conducts were time-barred.
202. In the disciplinary jurisdiction, the most significant difficulties encountered by
the Attorney General’s Office in its investigations, at the beginning of the 1990s,
related to evidence, because “evidence was frequently hidden or efforts were made
to try and sidetrack the investigation.”237 Also, when the armed forces were informed
of facts that entailed a disciplinary sanction for any of its members, the military
criminal jurisdiction “hastened to hear them and take a favorable decision, which
prevented the Attorney General’s Office from continuing its work in this respect.
Once the internal control mechanisms of the Armed Forces had delivered a ruling,
the latter was considered res judicata.”238
203. The Court observes that the purpose of the proceedings in this administrative
jurisdiction is to determine the individual responsibility of public officials for
compliance with their obligations in relation to providing a service. Evidently, the
existence of a unit within the Attorney General’s Office for dealing with cases of
human rights violations has an important protection element, and its results can be
assessed to the extent that they contribute to clarifying the facts and establishing
this type of responsibilities. However, an investigation of this nature tends to protect
the administrative function and the correction and control of public officials, so that,
in cases of grave human rights violations, it can complement but not substitute
completely the function of the criminal jurisdiction.
204. In conclusion, since the disciplinary procedure carried out by the Office of the
Delegate Attorney for the defense of human rights did not constitute a complete
237
Cf. Joint report of the Special Rapporteur for torture, Nigel S. Rodley, and the Special Rapporteur
on extrajudicial, summary or arbitrary executions, Bacre Waly Ndiaye, submitted in compliance with
resolutions 1994/37 and 1994/82 of the Commission on Human Rights of the United Nations Economic
and Social Council. Visit to the Republic of Colombia of the Special Rapporteurs from October 17 to 26,
1994, E/CN.4/1995/111 of January 16, 1995, para. 98.
238
Cf. Joint report of the Special Rapporteur for torture, Nigel S. Rodley, and the Special Rapporteur
on extrajudicial, summary or arbitrary executions, Barce Waly Ndiaye, presented in compliance with
resolutions 1994/37 and 1994/82 of the Commission on Human Rights of the United Nations Economic
and Social Council. Visit to the Republic of Colombia of the Special Rapporteurs from October 17 to 26,
1994, E/CN.4/1995/111 of January 16, 1995, para. 99.
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