32
politically, for the Military Forces: attaining maximum violence at a low political cost
for the armed institution.”
He also asserted that “[i]mpunity of human rights violations has been a constant
aspect of government actions throughout these decades.” Among the mechanisms
and practices that have enabled impunity, the expert witness highlighted not
carrying out arrest warrants, threats and attacks against the Judiciary and the
investigative bodies, granting the military forces authority as judicial police,
ambiguous government action against the paramilitary, lack of a policy of cleansing
and depuration of the Military Forces, and the existence of legal mechanisms to allow
impunity such as Decree 128 of 2003.
Andreu also stated that, “in the course of 20 years, [he] ha[s] reached the
conclusion that in all these areas where the paramilitary are present, which always
coincide with areas where there is a high concentration of military forces, with highly
sophisticated telecommunications systems, transportation, and so forth, [he] finds
that is impossible to think that the paramilitary can move around without the
complicity, the connivance, the logistic information and intelligence support by the
military forces.”
With regard to “the victims who have filed complaints [he stated that they]
constantly suffer harassment, [and that there] have been cases not only of
harassment, but also […] that have ended in death. If one looks at most of the
cases that have been brought before an international body, where there has been
more pressure on the national authorities, one finds that in most cases, the next of
kin have had to be taken abroad […]”. Furthermore, this harassment has “a very
perverse effect, […] it establishes the terror syndrome, and since the cost of
obtaining true justice and reparation is so high for the victims themselves, many
victims do not file complaints. […] In face of this situation [it is] difficult for some
investigators who truly want justice to be done and to elucidate the facts.” Since
1989 the maltreatment of victims has been greater, there have been cases of
beheading, mutilation, incinerations, and so forth. This phenomenon has two
objectives: to heighten terror in small communities and to make evidence disappear
to avoid investigation by the Public Prosecutor’s Office.
The expert witness suggested a review of military doctrine and of the armed forces,
as well as a policy of cleansing and depuration of said forces, and a redefinition of
their makeup. He also suggested taking large-scale measures to strengthen the
Judiciary.
C) ASSESSMENT OF THE EVIDENCE
Assessment of the Documentary Evidence
77.
In this case, as in others,10 the Court accepts the evidentiary value of
documents submitted by the parties at the appropriate procedural moment that were
neither disputed nor challenged and whose authenticity was not questioned.
10
See Case of Acosta Calderón, supra note 7, para. 45; Case of Yatama, supra note 7, para. 112,
and Case of Fermín Ramírez, supra note 7, para. 48.
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