-88because its agents did not participate. Therefore, neither can the State be
found responsible for the crime of forced disappearance of persons;
(g) The rights embodied in Articles 4, 5 and 7 of the Convention were and are
duly protected by the laws of the State and guaranteed by the authorities. In
this case, the judicial authority investigated and punished those responsible,
using criteria coherent with the gravity of the facts to decide who should be
punished and the type of penalty;
(h) It is surprising that the Commission based its accusation against the State on
the decisions taken by Colombian justice when, on different occasions, these
instances exonerated the State from responsibility. The Commission lacks any
evidence to accuse the State of responsibility for the criminal acts that have
been attributed to it;
(i) To comply with its obligations, the State must establish priorities, taking into
account financial constraints and its real possibilities, which may become valid
limitations to the enjoyment of a right when they respond to criteria of
reasonability and proportionality. This is even more relevant in the case of the
State’s prevention obligation. In these cases, the State’s obligation is one of
means rather than results, which supposes an obligation of diligence in terms
of taking reasonable precautions and care to avoid the violation of a right by
third parties;
(j) It is not possible to accuse the State of violating its general obligations and
infringing these obligations in this specific case. The military activity in the
zone reveals the State’s diligence in the prevention of attacks on the human
rights of the inhabitants of the region. In addition to the pertinent and
proportional military presence, in keeping with the State’s capacity to defend
human rights, there were also constant operations to hunt down members of
the armed groups present in that part of the country. The soldiers based in
the zone had nothing do with the facts, and could not have known about
them;
(k) The only probative element which has been used to support possible
participation by the Army is the testimony of Rogelio de Jesús Escobar Mejía,
which lacks any possibility of being able to destroy the presumption of
innocence of the Army. In addition, his testimony cannot provide grounds for
a conviction by the Court, because its content has not been proved;
(l) The first general element required for deciding on the State’s international
responsibility is the existence of a specific obligation and the evidence that
this obligation has been violated;
(m)The investigation into Colombia’s international responsibility for the facts that
occurred in Pueblo Bello must be based on the examination of the obligations
assumed by the State. According to the Convention, the State is obliged to
respect the rights and freedoms established therein and to guarantee their
free and full exercise to all its subjects. Each of these obligations can be
broken down into other more specific obligations. These are known as the
individual’s right to defense before the State and they are rights to confront
negative actions of the State. But there are also rights to positive actions on
the part of the State, to services;
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