87
395.
In the context of the Justice and Peace Law proceedings, initiated over five years ago, of
seven demobilized individuals who claimed to have participated in the events of the present case, five
have been placed on bail and their trials are still pending.
396.
As regards the State's allegation with respect to the petitioners' lack of participation in the
reparations proceedings contemplated in the Justice and Peace Law, the Commission has already
stressed that the victim's right to demand a reparation from the perpetrator is unrelated to the claim of
417
reparations from the State, since it deals with different credits, aims and passive subjects.
397.
The Commission also observes that in the first stage of investigation No. 5767, the officials
of the UDH and the CTI participating in General Del Río Rojas' arrest were subject to pressures and the
Head of the UDH was asked to tender his resignation. In this respect, as established in Admissibility Report
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No. 86/06, the acts and omissions of the judicial organs when determining the criminal responsibility of
State agents was a matter of concern for the IACHR through precautionary measures 185-01 issued in
order to protect the physical integrity of the officials of the UDH and members of the CTI involved in the
investigation and prevent reprisals against them for the lawful exercise of their functions. Through these
precautionary measures the Commission followed-up on the threats and the risk that these officials were
419
subjected to, which constituted an obstruction to advancing the investigation and an impediment to the
determination of truth and the punishment of the perpetrators.
398.
For its part, the Commission notes that former soldier Giraldo Yepes requested protection
for himself and his family in order to continue with his depositions in the criminal and disciplinary
proceedings, due to the threats to which he was subjected. The former soldier withdrew his initial
incriminating statements, in view of the lack of protection.
399.
In this respect, the Commission recalls that the Court has considered that "the State, in
order to guarantee due process, must ensure all the measures necessary to protect the judicial staff,
investigators, witnesses and family members of the victims from harassment and threats which are aimed at
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delaying the trial and avoiding a clarification of the events and shielding those responsible for them."
421
400.
For its part, the Commission observes that at least 38 members of the Army participated
in "Operation Genesis" and a large number of members of paramilitary groups took part in the raids, but
only one soldier and one Army General and a few members of paramilitary groups have been prosecuted.
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The rest have not been connected with the investigations.
401.
The Commission observes that more than 14 years after the events occurred, one of the
proceedings is still at the investigation stage, and that neither the criminal case nor the investigations in
both the ordinary courts and in the framework of the Justice and Peace Law have produced any results
whatsoever, in terms of the administration of justice or offering reparations; neither have any convictions
417
Annex 96. IACHR Principal Guidelines for a Comprehensive Reparations Policy, OEA/Ser/L/V/II.131 Doc. 1, February
19,
2008,
para.
6.
At:
http://www.cidh.org/pdf%20files/Lineamientos%20Reparacion%20Administrativa%2014%20mar%202008%20ENG%20final.pdf.
418
IACHR, Report No.86/06, Petition 499-04, Admissibility, Marino López et al. (Operation Genesis) Colombia, October
21, 2006, para. 58.
419
Annex 68. MC 185-01. Pedro Díaz Romero et al. IACHR. Annex 66. See IACHR Press Release No. 21/01. IACHR's
Concern at Changes in the National Human Rights Unit in Colombia. At: http://www.cidh.org/Comunicados/English/2001/Press2101.htm.
420
I/A Court H.R., Case of Myrna Mack Chang v. Guatemala. Judgment of November 25, 2003. Series C No. 101, para.
199.
421
Annex 108. Colombian Military Forces, National Army, Patrol Report of March 20, 1997, Annex 1 Personnel who
participated in and played an important role in Operation "Genesis". Annex 1 to the initial petition received on June 1, 2004.
422
Cf. I/A Court H.R., Case of the “Mapiripán Massacre” v. Colombia. Judgment of September 15, 2005. Series C No.
134, para. 240.