20.
The Court takes note of the explorations mentioned by the State, carried out
following the order of November 2009, which did not produce positive results or lead to
progress in finding the remains of Isidro Caballero Delgado and María del Carmen Santana.
21.
The last measure relating to the search took place in August 2011 and consisted of
ordering investigative tasks to be conducted in order to establish the whereabouts of certain
individuals involved in the case and in the first exhumation. To date, the State has not
provided any information about the effective implementation of the actions that it indicates
were ordered or their results, or on the planning of other activities or explorations in order
to comply with this obligation. Despite the lack of information on substantial advances or
results in this regard, Colombia does not indicate in its reports the steps it will take to
comply with the search for the mortal remains of the victims. The Court emphasizes the
need to continue the search ordered for the mortal remains of the victims in an organized
and systematic manner. To that end, it reiterates the need to plan the tasks to locate the
remains, taking into account the explorations that have been carried out, the evidence in
the case file, and the observations of the representatives of the victims.10
22.
Based on the above considerations, the Court finds that, in its next report, Colombia
must refer to the aspects indicated in this order and in the briefs with the observations of
the representatives and of the Commission regarding these measures, and that it inform the
Court of the actions that will take in the near future in order to comply with this obligation.
In particular, the Court asks the State to provide specific information on the measures taken
to date and on the results of the measures ordered in August 2011, and to forward specific
information on the plan of action to search for the mortal remains of the victims in this case.
*
23.
In its last report, the State indicated that “the civil party has not accompanied the
implementation of the judicial measures taken in recent months as it had been doing.” In
this regard, the Court considers that, even though it has established that the next of kin
must have access and legal standing at all stages and levels of the investigations in
accordance with domestic law and the provisions of the American Convention, the State’s
compliance with the measures ordered by the Court cannot depend on the actions of the
victims’ next of kin or their representatives.
24.
Lastly, the Court takes note of the representatives’ request to hold a hearing to
monitor compliance with the measures that remain pending. In this regard, once the written
information requested from the State and the observations of the parties have been
analyzed, the Court will assess the desirability of convening the parties to a monitoring
hearing.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions, pursuant to Articles 33,
62(1), 62(3), 67 and 68(1) of the American Convention on Human Rights, 25(1) and 30 of
10
Case of Caballero Delgado and Santana. Order on monitoring compliance of November 17, 2009, thirtysecond considering paragraph.
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