2
7.
e)
“The body of evidence leaves no doubt in the mind of the court as tog the
involvement of anti-subversive forces; the place and the time have been
sufficiently established to remove any doubt as to the act perpetrated.”
f)
The “assault upon personal integrity, protected by law, was caused by an action
attributable to police officers on duty at the place and at the time of the event.”
g)
“There is nothing in the record that would exonerate the respondent institution
of blame. The disciplinary decision, which went in favor of the suspect officers,
noncommissioned officers and agents appears to denote solidarity within the
police ranks more than an objective and impartial culmination of the
corresponding action.”
h)
“Nothing justified the use of this type of action (public force) against
defenseless citizens who posed no danger whatever to the military and police
forces.”
In the proceedings before the Inter-American Court, the representative for
Colombia acknowledged the facts and admitted the State’s responsibility.
8.
The judgments pronounced by the Colombian administrative law courts imply,
for purposes of the present case, that there is already a verdict of guilt against the
State. Had there not been, it would have been proper for the Inter-American Court
to rule on this point. The undersigned are convinced that the Court would have
found that the right to life recognized in Article 4 of the American Convention had
been violated.
9.
Furthermore, despite the long period of time that has passed since the events
occurred, the State has not complied with its duty to investigate, prosecute and
punish the individuals responsible. Quite to the contrary, there have been multiple
delays and false representations, all in order to delay or prevent prompt
investigation of the facts and punishment of those responsible. It is, therefore, right
and proper that the Court should find that the State violated articles 8 and 25 of the
American Convention.
Sergio García-Ramírez
Judge
Hernán Salgado-Pesantes
Judge
Manuel E. Ventura-Robles
Secretary
Alirio Abreu-Burelli
Judge