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b)
there is a judicial elucidation of the facts: the first instance judgments
issued by the Second Criminal Court of the Specialized Circuit of Bogotá
specify the circumstances and type of facts;
c)
the jurisdiction has not yet been exhausted and efforts continue to
seek all those responsible, whatever their degree as perpetrators. There is no
impunity, as those directly responsible for organizing, planning, and directly
perpetrating the facts were sentenced to exemplary punishment. The main
perpetrator of the violations was brought before justice, investigated, tried,
and convicted. It is absurd to disdain said judicial activity because not all the
men who, following Castaño’s orders or under their own initiative, participated
in the facts have teen tried and punished;
d)
military criminal justice is an institution of the Constitutional State
under the rule of law and the State does not accept judgments that
generically and repeatedly disqualify that jurisdiction. To refer to a violation
of Article 8 of the Convention in said jurisdiction, it is necessary to analyze
the circumstances and procedures in each specific case, rather than
generically;
e)
non-identification and/or non-recovery of the bodies of all the alleged
victims is not due to negligence in the investigations or tolerance by the State
regarding elimination of evidence. Instead, the modus operandi in this case
included the acts of cruelty and madness described in the files by the
witnesses and perpetrators, such as throwing the bodies into the river so as
to make the evidence of those acts disappear from the start. The State
undertook the criminal and disciplinary investigations with vehemence and
conviction to fulfill the juridical obligations required by the rule of law;
f)
the next of kin of the alleged victims and their representatives have
had at their disposal all the legal means of the juridical system and,
furthermore, have exercised them peacefully and with no obstacles, including
civil and administrative actions, as well as the action for protection of
constitutional rights that led to the ruling of the Constitutional Court that
remitted the proceeding against certain military from military criminal justice
to regular venue;
g)
the State has appropriate jurisdictional instruments for full exercise of
the right to fair trial to its full extent. The criminal, disciplinary, and
administrative-law proceedings have in fact sought to elucidate the
circumstances of the facts in Mapiripán;
h)
the criminal facts in “Mapiripán” are part of the agenda of the “Comité
de Impulso a las Investigaciones” [committee to further the investigations]
under regular venue;
i)
in view of the disciplinary rulings, the officials punished were dismissed
from their political positions, and cannot hold government positions for at
least 20 years, in most cases. Disciplinary jurisdiction, as part of domestic
remedies, is exhausted and its rulings have been duly executed. Punishment
imposed was proportional to the gravity of the misconduct;
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