implication by act or omission in the facts of the case of all the persons investigated and
prosecuted, whether or not they are deceased, whether or not they have been convicted
before or after the Judgment, together with the acts or crimes of which they are accused, so
as to allow the Court to assess the effectiveness of the domestic investigations and to
understand the obstacles to compliance with this measure of reparation.
17.
Consequently, the Court considers it necessary that the State continue the
investigations with the greatest possible diligence in order to determine all those
responsible, both direct perpetrators and masterminds, for the violations committed against
the victims. As it has indicated on previous occasions, the Court finds it pertinent to
underline that a trial that is conducted through to its conclusion and achieves its goal is the
clearest sign of zero tolerance for human rights violations, contributes to the reparation of
the victims, and demonstrates to society that justice has been done.15
18.
In the investigation into the interaction between the illegal group and State agents
and civilian authorities, the State must continue conducting with special diligence the
exhaustive investigation of all those connected to State institutions as well as of members
of paramilitary groups who could be involved. To this end, as decided in this case16 and in
others,17 the State must ensure that the extradited paramilitaries can be made available to
the competent authorities and that they continue cooperating with the proceedings being
conducted in Colombia. Also, the State must ensure that the proceedings abroad do not
hamper or interfere with the investigation of the grave violations that occurred in this case
or reduce the rights that this Judgment recognizes to the victims, by using mechanisms that
make it possible for those extradited to collaborate in the investigations undertaken in
Colombia and, if appropriate, for the participation of the victims in the measures taken
abroad.
19.
Based on the foregoing, the Court concludes that the measure of reparation
concerning the obligation to investigate the facts of this case is being complied with. In this
regard, the Court finds it essential that, within the time frame established in the operative
paragraphs of this Order, the State present complete, detailed and updated information on
all the measures undertaken to comply with the obligation, the results obtained, and also a
copy of the documentation that substantiates this, so that the Court may verify that the
investigations are being conducted with due diligence.
b) Obligation to provide appropriate treatment to the victims (sixteenth
operative paragraph of the Judgment)
20.
Regarding the State’s obligation to provide the appropriate treatment required by the
next of kin of the victims who were executed during the events of this case, during the
private hearing on monitoring compliance (supra having seen paragraph 7) and
15
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Monitoring compliance with
judgment. Order of the Court of January 27, 2009, twenty-first considering paragraph, and Case of the 19
Tradesmen v. Colombia. Monitoring compliance with judgment. Order of the Court of June 26, 2012, sixteenth
considering paragraph.
16
Cf. Case of the Ituango Massacres v. Colombia. Monitoring compliance with judgment. Order of the InterAmerican Court of July 9, 2009, nineteenth considering paragraph.
17
Cf. Case of Cepeda Vargas v. Colombia. Preliminary objections, merits, reparations and costs. Judgment of
May 26, 2010. Series C No. 213, para. 216. See also, Case of the Mapiripán Massacre v. Colombia. Monitoring
compliance with judgment. Order of the Inter-American Court of July 8, 2009, fortieth and forty-first considering
paragraphs.
8