47
159. Even so, in accordance with the State’s acknowledgement of the facts and with the
decision of the Prosecutor General’s Office of May 21, 1999,118 this Court emphasizes that
more than two people, that is, at least two men and a woman, took part in the facts of the
case. Consequently, and in accordance with the State’s partial acquiescence, the Court
observes that, even though the criminal proceedings in which two individuals were convicted
as authors of the facts were conducted within a reasonable time, there has been an
unjustified judicial delay in the investigations into other possible authors of the facts of the
case. Indeed, as indicated above, the State “accept[ed] that the criminal and disciplinary
proceedings carried out to date had not complied fully with [its duty to provide] reparation
[in the form of] justice and truth for the victims, their next of kin, and society, since all
those responsible for the facts had not been encompassed by the investigations and since
these investigations had not been conducted within a reasonable time and, in brief, had not
complied effectively with their purpose.”
160. According to the partial acknowledgement of responsibility made by the State, not all
the investigations that were opened have concluded. In an investigation by the Human
Rights Unit, preventive detention has been ordered for two members of a paramilitary group
who have been convicted for other acts and who are serving their prison sentences. In
addition, an action remains pending for review of the judgment of the Third Criminal Court
of the Medellín Circuit of March 15, 2001, which, inter alia, acquitted several civilians
charged in the instant case (supra paras. 149 and 150)). Also, as the State has indicated,
measures have been taken before the Antioquia Sectional Council of the Judiciary in order
to establish whether there are grounds for disciplining the judicial officials who processed
the criminal action (infra para. 166).
161. Even taking into account that these proceedings are still open, the case file before
the Court does not show that an active investigation is underway concerning the possibility
that, in addition to private individuals, State agents may also have played a part in the
planning or execution of the facts that are the subject of this case. Nevertheless, the Court
observes that, during the public hearing, Sandra Jeannette Castro Ospina, Head of the
National Human Rights and International Humanitarian Law Unit of the Prosecutor General’s
Office, when referring to the criminal investigations opened to clarify the facts of the case,
stated that there was a “community of evidence” between the present case and the facts of
the Ituango Massacres case, in which this Court found that the acquiescence and
collaboration of members of the Army with paramilitary groups had been proved; and that
this “community of evidence” could “help reactivate [the] investigation into the murder of
Jesús María Valle.”119 Moreover, in the National Justice and Peace Unit of the Prosecutor
General’s Office, measures have been taken under Law 975 of 2005, also known as the
“Justice and Peace Law,”120 which would allow it to obtain information on the possible
participation in the facts of State agents or other private individuals.
162. In this regard, as is clear from the body of evidence in this case and as indicated by
the State, probative elements have emerged from the statements (versiones libres) made in
these proceedings by Salvatore Mancuso and Isaías Montes Hernández, alias “Junior,” wellknown leaders of paramilitary groups in Colombia, that could help clarify the facts and
118
Decision of May 21 1999, of the Delegate Prosecutor before the Regional Judges of Medellín, of the
Regional Directorate of Prosecutors’ Offices, of the Office of the Prosecutor General (file of attachments to the
application, appendices 1 and 2, folios 50 to 163).
119
120
Statement made by the deponent providing information, Sandra Jeannette Castro Ospina, supra note 107.
Cf. Law 975 of 2005 of July 25, 2005, “enacting provisions for the reincorporation of members of unlawful
organized armed groups who make an effective contribution to national peace, and ordering other provisions for
humanitarian agreements.” Case of La Rochela Massacre, supra note 21, para. 180.