132
begun two days later by the 12th Deputy Public Prosecutor’s Office before the
Regional Judges, based in San José del Guaviare; the investigation was subsequently
taken up by the National Human Rights Unit of the Office of the Attorney General
(supra para. 96.68).
226. The modus operandi of execution of the massacre –destruction of the bodies
and terrorizing the surviving inhabitants of Mapiripán – has made it difficult to fully
identify the victims of the massacre. However, facts proven and also acknowledged
by the State show a number of problems that took place in the course of the
investigations, demonstrating grave lack of due diligence in carrying out the official
actions.261
227. At first, the Army did not effectively cooperate with the judicial authorities
who sought to reach the site of the facts, for which reason the members of the Public
Prosecutor’s Office, of the Security Forces and a Delegate of the Presidency of the
Republic were unable to enter Mapiripán until July 23, 1997 (supra paras. 96.46 and
96.69). Then, misconduct of the investigations is especially clear at the outset, in the
obvious lack of control of the crime scene and in the insufficient actions of the first
authorities to arrive in Mapiripán. During those initial investigative acts, only the
autopsies of the remains of José Rolan Valencia and of a person listed as “N.N.” were
conducted, and there was only one certification of removal of a body, which also
coincides with one of the autopsies. One year after the facts, the file before the Court
does not show that any other investigative acts had taken place, other than the trip
by a “judicial committee” to Mapiripán, receiving testimony from civilian authorities
of the municipality, and 58 statements of persons displaced by the facts in
Mapiripán, the testimony of two self-confessed paramilitary, several judicial
inspections, one provincial judicial inspection, also by the Procuraduría Delegada
para los Derechos Humanos (Office of the Deputy Ombudsperson for Human Rights),
and two reports submitted by the Army in response to a request by that Office,
according to the report by the Attorney General’s Office (supra paras. 96.71 to
96.76).
228. Negligence of the judicial authorities in charge of examining the
circumstances of the massacre by timely gathering of evidence in situ, cannot be
corrected by the laudable but late evidence-gathering process to recover the mortal
remains from the bottom of the Guaviare River, which the Attorney General’s Office
only began in December 2004, that is, more than eight years after the facts. The
shortcomings mentioned above, together with attempts by some members of the
Army to cover up the facts (supra paras. 96.37, and 96.44 to 96.46), can be
considered grave non-fulfillment of the duty to investigate the facts, definitely
affecting subsequent development of the criminal process.
229. The investigation continued; some arrest warrants were issued, only a few of
which were effectively enforced, and in April and May 1999 the National Human
Rights Unit of the Office of the Attorney General filed charges under regular venue
against seven alleged paramilitary and against four members of the Army.
Subsequently, the proceeding was divided between the regular criminal and military
criminal jurisdictions, for which reason for almost three years both proceedings were
261
See Case of the Moiwana Community, supra note 4, para. 148; Case of the Serrano Cruz Sisters.
supra note 11, para. 65, and Case of Carpio Nicolle et al. Judgment of November 22, 2004. Series C No.
117, para. 129.
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