36
Tamayo, María Panqueva, Pedro Uriel Duarte Lagos, Lida Barranca (8), Ludo Vanegas, Adela Carrillo,
Alcides Bonilla, and Fredy Mora, and all the other inhabitants of the village of Santo Domingo who
were displaced.
137. In the recommendations contained in the instant report the Commission notes that,
based on the circumstances of the case and the corresponding responsibility of the State, it is
incumbent upon the State to establish a collective reparation mechanism that recognizes the impact
that the bombardment had on the civilian population of the village of Santo Domingo which was
forced by the events to abandon the village.
D.
Right to a fair trial and judicial protection (Articles 8(1) and 25 of the American
Convention in connection with Article 1(1) thereof)
138.
Article 8(1) of the American Convention provides,
Every person has the right to a hearing, with due guarantees and within a reasonable time, by
a competent, independent, and impartial tribunal, previously established by law, in the
substantiation of any accusation of a criminal nature made against him or for the
determination of his rights and obligations of a civil, labor, fiscal, or any other nature.
139.
For its part, Article 25 of the Convention provides:
1.
Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his
fundamental rights recognized by the constitution or laws of the state concerned or by this
Convention, even though such violation may have been committed by persons acting in the
course of their official duties.
2.
The States Parties undertake:
a)
to ensure that any person claiming such remedy shall have his rights
determined by the competent authority provided for by the legal system of the state;
b)
to develop the possibilities of judicial remedy; and
c)
to ensure that the competent authorities shall enforce such remedies when
granted.
140. In the Case of the Massacre of Pueblo Bello 144 the Court asserted that the States’
obligation to conduct an effective official investigation in cases of extrajudicial, illegal, arbitrary or
summary executions derives from the general obligation to guarantee to all persons under their
jurisdiction the human rights enshrined in the Convention laid down in Article 1(1) thereof, together
with the right to life, as provided by Article 4 of said Convention. The Court also held that in these
cases the authorities of a State must initiate a rigorous, impartial and effective investigation ex
officio and as soon as is practicable after they take knowledge of the facts,145 regardless of whether
they are committed by agents of the State or private individuals.
144
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.
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.
145