38
the truth. 153 In that same vein, the Court has found that the State has the duty to ensure that
everything necessary is done to learn the truth about what happened and for those responsible to
be punished, 154 and involving every State institution. 155 Furthermore, with regard to the principle of
a reasonable time established in Article 8(1) of the American Convention, the Court has established
that it is necessary to take into account three elements in order to determine the reasonableness of
the time in which the proceedings are held: (a) the complexity of the case; (b) the procedural
activity of the party concerned, and (c) the conduct of the judicial authorities. However, the
pertinence of applying these three criteria to determine the reasonableness of the time of the
proceedings depends on the circumstances of each case. 156
146. Based on the above-cited precedents, the Commission will analyze if in the instant
case the Colombian State carried out a meaningful and diligent investigation within a reasonable
time into the events described in the present report as a means to ensure the substantive rights to
life and humane treatment, 157 and to ensure access to an effective judicial remedy for violations of
human rights.
147. The Commission has proven that legal proceedings were instituted in the military and
civilian criminal jurisdictions as a result of the events in the instant case, as were proceedings of a
disciplinary and contentious administrative nature.
148. As far as military criminal justice is concerned, the Inter-American Court has
expressed its opinion on the lack of suitability of the military criminal courts as a forum to examine,
prosecute, and punish cases that concern human rights violations and has established that
under the democratic rule of law this jurisdiction must have a restricted and exceptional scope
and be designed to protect special juridical interests associated with the functions assigned by
law to the military forces. Hence, it should only try military personnel for committing crimes
or misdemeanors that, due to their nature, harm the juridical interests of the military
system. 158
149. In the instant case, the investigation into the events remained in military criminal
jurisdiction from January 12, 1999 until October 31, 2002, when the First Review Chamber of the
Constitutional Court delivered Judgment T-932-02, with which jurisdiction was granted to the
153
I/A Court H.R., Case of García-Prieto et al. v. El Salvador. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 20, 2007. Series C, No. 168, par. 101.
I/A Court H.R., Case of Bulacio v. Argentina. Judgment of September 18, 2003. Series C, No. 100, par. 114;
I/A Court H.R., Case of the Rochela Massacre v. Colombia. Judgment of May 11, 2007. Series C No. 163, par. 146; I/A
Court H.R., Case of the Miguel Castro-Castro Prison v. Peru. Judgment of November 25, 2006. Series C, No. 160, par. 382.
154
155
I/A Court H.R., Case of Cantoral-Huamaní and García-Santa Cruz v. Peru. Preliminary Objections, Merits,
Reparations and Costs. Judgment of July 10, 2007. Series C, No. 167, par. 130; I/A Court H.R., Case of the Massacre of
Pueblo Bello v. Colombia. Judgment of January 31, 2006. Series C, No. 140, par. 120; and I/A Court H.R., Case of Huilca
Tecse v. Peru. Judgment of March 3, 2005. Series C, No. 121, par. 66.
I/A Court H.R., Case of the Massacre of Pueblo Bello v. Colombia. Judgment of January 31, 2006. Series C,
No. 140, par. 171.
156
157
I/A Court H.R., Case of González et al. (“Cotton Field”) v. Mexico. Judgment of November 16, 2009, par. 287;
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.
158
I/A Court H.R., Case of the Massacre of Pueblo Bello v. Colombia. Judgment of January 31, 2006. Series C,
No. 140, par. 189; I/A Court H.R., Case of Palamara Iribarne v. Chile, Judgment of November 25, 2005. Series C, No. 137,
par. 124; I/A Court H.R., Case of the “Mapiripán Massacre” v. Colombia. Judgment of September 15, 2005. Series C, No.
134, par. 202; and I/A Court H.R., Case of Lori Berenson Mejía v. Peru, Judgment of November 25, 2004, Series C No. 119,
142.