46
adverse effect of the duration of the proceedings on the judicial situation of the person
involved in it must be taken into account; bearing in mind, among other elements the
matter in dispute. If the passage of time has a relevant impact on the judicial situation of
the individual, the proceedings should be carried out more promptly so that the case is
decided as soon as possible.
156. Although the domestic criminal proceedings in this case include three alleged victims,
one of aggravated murder and two of simple kidnapping, the Court observes that the
investigation has been complex as regards the arrest of the accused (who were even tried in
absentia owing to the clandestine nature of paramilitary groups), and also the identification
of all the perpetrators. The Court has referred in its case law to the difficulties faced by a
State to respond properly and adequately to its international commitments when it must
prosecute unlawful acts by members of groups that have taken up arms.114 Nevertheless,
the Court reiterates that the domestic situation of a State Party to the American Convention
does not liberate it from its obligations under this treaty.115 In this regard, and even though
two of those responsible in this case who belong to paramilitary groups have been
convicted, the Court finds that the complexity of the matter under investigation in the
domestic jurisdiction does not, in itself, justify the fact that criminal proceedings are still
open 10 years after the event.
157. Regarding the procedural activity of the interested party, it should be recalled that
the instant case involves, inter alia, an extrajudicial execution and that, consequently, the
State has the obligation to initiate, ex officio and without delay, a serious, impartial, and
effective investigation.116 Consequently, the effective search for the truth in this case
corresponds to the State and does not depend on the procedural initiative of the victim or of
his next of kin, or on their contribution of probative elements.117 Additionally, nothing in the
file before the Court shows that the alleged victims delayed or obstructed the judicial
proceedings.
158. With regard to the conduct of the judicial authorities, the Court observes that the
Colombian State opened the formal criminal investigation into the facts on July 8, 1998, and
that this investigation culminated in a judgment of the Third Criminal Court of the Medellín
Specialized Circuit on March 15, 2001, convicting two civilians as perpetrators of the murder
of Jesús Valle Jaramillo and another as responsible for the offense of forming part of a
paramilitary group, and acquitting seven of the ten accused of all charges (supra para.
149). Therefore, since only slightly more than three years elapsed between the occurrence
of the facts, their investigation, the application of the norms in force, and the subsequent
determination of two perpetrators in the case, the Court considers that, as regards these
proceedings specifically, the measures taken by the Colombian State’s prosecutors and
judiciary were in keeping with criteria of diligence and reasonableness.
114
Cf. Case of the “Mapiripán Massacre”, supra note 21, para. 238; Case of the Ituango Massacres, supra
note 21, para. 300, and Case of the Pueblo Bello Massacre, supra note 30, para. 146
115
Cf. Case of Bámaca Velásquez, supra note 80, para. 207; Case of the Ituango Massacres, supra note 21,
para. 300, and Case of the Pueblo Bello Massacre, supra note 30, para. 146.
116
Cf. Juan Humberto Sánchez v. Honduras. Preliminary objections, merits, reparations and costs. Judgment
of June 7, 2003. Series C No. 99, para. 112; Case of Heliodoro Portugal, supra note 13, para. 115, and Case of
García Prieto et al., supra note 58, para. 101.
117
Cf. Case of Velásquez Rodríguez, supra note 20, para. 177; Case of Heliodoro Portugal, supra note 13,
para. 145, and Case of Albán Cornejo et al., supra note 5, para. 62.