24
jurisdiction, as recognized in Article 1(1) thereof, taken in conjunction with the right to life under Article 4 of
said treaty, gives rise to the obligation to carry out an effective official investigation of in the event of
extrajudicial, illegal, arbitrary, or summary executions. The Court also held that in such cases, when the deed
is brought to their attention, the State authorities have the obligation to initiate, ex officio and without delay, a
genuine, impartial and effective investigation, 119 regardless of whether it was committed by agents of the
State or private citizens.
103.
Thus, the Court has also held that “the conduct of an effective investigation is a fundamental
and conditioning element for the protection of certain rights that are otherwise affected or annulled by those
situations, such as the right to life, personal liberty and personal integrity.” 120
104.
The Commission finds that in the instant case the duty to investigate should have been
observed with particular diligence and assiduity given the existence of evidence of connivance or
collaboration on the part of State agents in the murder of Joe Luis Castillo González.
105.
The Commission notes that in the course of the investigation into the killing of Joe Luis
Castillo González and the injuries to Yelitze Moreno de Castillo and Luis César Castillo Moreno, the CICPC took
statements from the alleged paramilitary group member Emer Humberto Terán (or Román) and the member
of the National Guard Edgar Alfonso González. They both said that Joe Luis Castillo González was on a target
list of paramilitary groups and that the municipal authorities were aware of the activities of said groups,
which acted with their connivance.
106.
Specifically, Emer Humberto Terán (or Román) told the Investigations Chief of Machiques
CICPC,
[…] all I can say is that the guerrillas are never going to be legalized. That man was on our target list
[…] in all, there are around 20 persons on the list who are elimination targets because they were
opposed to honest people in the cattle ranching business in the area […] the mayor of this city
[Machiques] is knows about their presence as do several leaders of Gadema [Machiques Cattle
Ranchers] […] their main contacts are with an intelligence unit in the National Guard in this area. 121
Edgar Alfonso González also referred to Emer Humberto Terán (or Román) and said
[...] these guys are paracos [a slang term for paramilitaries] hired by various cattle ranchers in the area;
the mayor [...] knows about it, and in fact and his drivers ferry those guys to and from different places;
they have come to cleanse Machiques of all the lowlifes; they are scary guys because they don't respect
anybody.122
107.
The Commission also notes that a report was published in the press about the incident which
suggested that, because of his presumed ties to members of Colombian guerrilla groups, Joe Luis Castillo
González had been murdered by Colombian paramilitary units which, with financing from members of the
118
I/A Court H.R., Case of the Massacre of Pueblo Bello v. Colombia. Judgment of January 31, 2006. Series C No. 140,
par. 142.
119
I/A Court H.R., Case of the Massacre of Pueblo Bello v. Colombia. Judgment of January 31, 2006. Series C No. 140,
par. 143; and I/A Court H.R., Case of the Moiwana Community v. Suriname. Judgment of June 15, 2005. Series C No. 124, par.
145.
120
I/A Court H.R., Case of the Massacre of Pueblo Bello v. Colombia. Judgment of January 31, 2006. Series C No. 140,
par. 145.
121
CICPC Investigation Report, September 15, 2003. Petitioners’ brief on merits received at the IACHR on July 13, 2007.
Not contested by the State.
122
CICPC Investigation Report, September 15, 2003. Petitioners’ brief on merits received at the IACHR on July 13, 2007.
Not contested by the State.