59
Court for the former Yugoslavia (hereinafter "ICCY") has ruled in the same direction in the case
Prosecutor v. Duško Tadić, considering that "a single act by a perpetrator taken within the context of a
widespread or systematic attack against a civilian population entails individual criminal responsibility and
276
an individual perpetrator need not commit numerous offences to be held liable."
257.
In the present case, the Commission observes that the torture and murder of Marino
López took place in the context of systematic violence against members of the Cacarica Afro-descendant
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communities,
by the National Army during a military operation and joint operations with paramilitary
groups; designed to cause terror to the population. Therefore, the torture and murder of Marino López
278
constitute a crime against humanity .
258.
Finally, it is appropriate to state that, with respect to the allegations of a violation of
Articles 1 and 8 of the Convention to Prevent and Punish Torture, in its Admissibility Report No. 86/06,
the Commission declared that "the petitioners' claim is limited to the obligation of ensuring the immediate,
ex officio investigation of acts of torture committed against persons under the jurisdiction of the state,
pursuant to Articles 1 and 8 thereof. Given the date of the Colombian State's ratification of the
Convention to Prevent and Punish Torture, determining responsibility for acts of torture or inhumane
treatment suffered by the alleged victims in the instant case is covered by Article 5 of the American
279
Convention."
259.
Consequently, the Commission concludes that the State is responsible for the
extrajudicial execution of Marino López, as well as for the violation of its obligation to adopt the necessary
measures to prevent violations and protect his life, in violation of Articles 4.1, 5.1 and 5.2 of the American
Convention, in conjunction with Article 1.1. It also concludes that the extrajudicial execution of Marino
López was committed in a context of systematic violence against members of the Cacarica Afrodescendant communities, and therefore constitutes a crime against humanity.
…continuation
Judgment on Preliminary Objections, Merits, Reparations and Costs. Judgment of September 26, 2006. Series C No. 154, paras. 96
to 99 and Case of Manuel Cepeda Vargas v. Colombia. Preliminary Objections, Merits and Reparations. Judgment of May 26, 2010.
Series C No. 213, para. 42 and IACHR Report No. 62/08 Manuel Cepeda Vargas, para. 108.
276
International Criminal Tribunal for the Former Yugoslavia (ICTY), case Prosecutor v. Dusko Tadic, IT-94-1-T, Opinion
and Judgment, May 7, 1997, para. 649. This was subsequently confirmed by the same court in Prosecutor v. Kupreskic, and others,
IT-95-16-T, Judgment of January 14, 2000, para. 550, and Prosecutor v. Kordic and Cerkez, IT-95-14/2-T, Judgment of February
26, 2001, para. 178 and I/A Court H.R. Case of Manuel Cepeda Vargas v. Colombia. Preliminary Objections, Merits and
Reparations. Judgment of May 26, 2010. Series C No. 213, para. 42. IACHR Report No. 62/08 Manuel Cepeda Vargas, para. 108.
277
Murder and torture are characterized as crimes against humanity by Article 7.1.a and f of the Statute of the ICC of
1998, whenever committed as part of a widespread or systematic attack directed against the members of any civilian population.
Rome Statute of the ICC, approved on July 17, 1998, by the United Nations Diplomatic Conference of Plenipotentiaries on the
Establishment of an International Criminal Court, A/CONF.183/9.
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The term crime against humanity is used throughout the present report in accordance with the criteria established by
the Inter-American Court, with the purpose of assessing the legal consequences of alleged violations vis-à-vis the State's
obligations. "When examining the merits in cases of serious human rights violations, the Court has taken into account that, if they
were committed in the context of massive and systematic or generalized attacks against one sector of the population, such
violations can be characterized or classified as crimes against humanity in order to explain clearly the extent of the State's
responsibility under the Convention in the specific case, together with the juridical consequences. Hence, the Court in no way
attempts to attribute a crime to any natural person. In this regard, the need for comprehensive protection of the individual under the
Convention has led the Court to interpret its provisions through their convergence with other norms of international law, particularly
with regard to the prohibition of crimes against humanity, which is jus cogens, without this implying that it has exceeded its powers,
because, it should be reiterated that, in doing so, it respects the authority of the criminal jurisdiction to investigate, indict and punish
the individuals responsible for such crimes. What the Court does, in accordance with treaty-based law and customary law, is to
employ the terminology used by other branches of international law in order to assess the legal consequences of the alleged
violations vis-à-vis the State's obligations." Case of Manuel Cepeda Vargas v. Colombia. Judgment of May 26, 2010. Series C No.
213, para. 42.
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Colombia deposited its instrument of ratification of the Convention to Prevent and Punish Torture on January 19, 1999.
IACHR, Report No.86/06, Petition 499-04, Admissibility, Marino López et al. (Operation Genesis) Colombia, October 21, 2006, para.
39.