-8Commission of Human Rights (hereinafter “the Commission” or “the Inter-American
Commission”) forward, as soon as possible, their observations to the State’s report
of July 26, 2005 and the State’s brief of July 13, 2005 (supra Considerations 3 and
5).
10.
The brief of October 3, 2005, through which the representatives forwarded
their observations to the state’s report of July 26, 2005 and the state’s report of July
13, 2005 (supra Considerations 3, 5, and 9). In synthesis, they stated the following:
a)
regarding the obligation to investigate, the Colombian authorities do
not comply with the reasonable period of time referred to in the Judgment. It
is not until May 7, 2005 that it ordered the reopening of the preliminary
investigation. The dispersion of actions with different purposes may lead to
exhausting all efforts without obtaining efficient results. The State should
explain what the benefit is in direction of compliance with the Judgment of
starting a new preliminary investigation. They request that the State indicate
the reasons that prevent it form initiating in an immediate and effective
manner compliance with that ordered in the Judgment, thus submitting the
members of the public force that participated in the facts to investigation,
prosecution, and, if necessary, punishment within a procedure before an
ordinary court;
b)
regarding the search and delivery of the remains of the victims, “the
government’s report would indicate that the actions carried out were not
called to be carried out within a reasonable period of time and that they do
not have the tools necessary to invest it with seriousness.” The investigators
of the Technical Body of Investigations of the Prosecutor’s Office were ordered
to determine if the property of the Pérez’s family and some places referred to
by those condemned in the domestic investigations existed or not, without
knowing the results of said inquiries. Contact with the next of kin of the
victims has not been established again in search of information that could be
relevant for the search. The existence or lack thereof of a civil party within
the investigation does not prevent that the State fully comply with that
ordered in the Judgment. The next of kin and their representatives have been
attentive to supporting the search actions carried out;
c)
regarding the monument in memory of the victims, they requested
that the Court require that the State take into consideration the opinions of
the next of kin of the victims and that it take into account that the monument
has the objective of maintaining the memory of the victims alive and of
creating awareness so that facts of the same nature do not occur again;
d)
regarding the public act of acknowledgment of responsibility, the State
denied the requests that the act be directed by the highest state authorities.
The purposes of the measure of reparation have not been complied with. It is
necessary that the State acknowledge “that the persons detained missing as
of October 6, 1987 were not guerrilla fighters or collaborators of the guerrilla”
and that it also state what cannot happen again. The State refused to accept
the requests made regarding the need that the highest authorities direct the
act and “it was not until the last minute that the Government decided to
include the Secretary of Foreign Affairs in the event.” The attitude shown by
the State is formally of respect and compliance, but in the practice it has not