88
been issued against those confessing that they took part in the events of the present case, and therefore
the perpetrators have not been duly punished.
402.
The judicial proceedings undertaken have been delayed, therefore the reasonable time
for the investigation as established in the Convention has been exceeded and the responsibility is
attributable to the judicial authorities. In this regard, as a general rule, a criminal investigation must be
conducted promptly to protect the victims' interests, to preserve evidence and also to safeguard the rights
of everyone who might be considered a suspect in the context of the investigation. In the present case,
the delays have reduced the possibility of uncovering the truth into the events and of trying the
perpetrators. Consequently, those responsible for harming civilians caused by "Operation Genesis", the
paramilitary raids, the acts of torture, the death of Marino López, and the forced displacement of the
Cacarica communities continue to go unpunished.
403.
In this sense, the Commission has expressed the view that - given that this violation
forms part of a pattern of the State's ineffectiveness in trying and punishing the attackers - not only has
the obligation to try and punish been breached, but also that of preventing such practices. This general
lack of judicial effectiveness creates an atmosphere which encourages violence, without effectiveness in
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the State's role as a representative of society to punish these acts.
404.
As the Commission has established, the lack of effectiveness in the dismantling of the
paramilitary structures is evident, inter alia, from an analysis of the number of violations of human rights
perpetrated by paramilitaries at the time of the events and in subsequent years, acting by themselves or
in concert or collaboration with State agents, vis-à-vis the high incidence of impunity these events remain
in, as has happened in the present case, which occurred more than fourteen years after the events took
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place.
Both the Inter-American Commission as well as the United Nations High Commissioner for
425
Human Rights
have consistently commented on the high incidence of impunity for human rights
violations committed in consequence of criminal trials and disciplinary investigations opened against
members of the Security Forces and paramilitaries which do not result either in establishing those
responsible or in appropriate punishment. The Inter-American Court has defined impunity as "the
absence of any investigation, pursuit, capture, prosecution and conviction of those responsible for the
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violations of rights protected by the American Convention."
405.
The impunity for this violence -- such as for Marino López's death -- impacts on the
search for the truth by members of his family and the displaced persons. The Inter-American Court has
ruled on the right of the victims or their families to find out what happened and has established that the
right to truth is included in their right to obtain clarification of the events from the competent organs of the
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IACHR. Report N° 54/01 Maria Da Penha Maia Fernandes, April 16, 2001, para. 54. Report No. 75/06 Jesús María
Valle Jaramillo of October 16, 2006, para. 75.
424
IACHR Report No. 75/06 Jesús María Valle Jaramillo of October 16, 2006, para. 68.
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Cf., Annex 84. Report of the UNHCHR on the situation of human rights in Colombia, E/CN.4/2005/10, February 28,
2005, para. 92; See: http://www.hchr.org.co/documentoseinformes/informes/altocomisionado/Informe2004_eng.pdf; Annex 85.
Report of the UNHCHR on the situation of human rights in Colombia, E/CN.4/2004/13, of February 17, 2004, paras. 26, 27, 28
and 77; See: www.hchr.org.co/documentoseinformes/informes/altocomisionado/Informe2003_eng.pdf; Annex 86. Report of the
UNHCHR on the situation of human rights in Colombia in the year 2002, E/CN.4/2003/13, February 24, 2003, para. 77; See:
http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/1304674285b7eb3bc1256cf5003906fb?Opendocument; Annex 87. Report of the
UNHCHR on the situation of human rights in Colombia, E/CN.4/2002/17, February 28, 2002, paras. 211, 212 and 365; See:
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G02/111/15/PDF/G0211115.pdf?OpenElement; Annex 88. Report of the
UNHCHR on the situation of human rights in Colombia in the year 2000, E/CN.4/2001/15, March 20, 2001, paras. 57, 142, 206
and 254. See: www.hchr.org.co/documentoseinformes/.../informes/.../E-CN-4-2001-15.html; and Annex 89. Report of the
UNHCHR on the situation of human rights in Colombia, E/CN.4/2000/11, March 9, 2000, paras. 27, 47, 146 and 173. See.
www.hchr.org.co/documentoseinformes/.../informes/.../E-CN-4-2000-11.html. IACHR Report No. 75/06 Jesús María Valle
Jaramillo of October 16, 2006, para. 68.
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I/A Court H.R., Case of the Ituango Massacres. Judgment of July 1, 2006. Series C No. 148, para. 299; Case of the
“Mapiripán Massacre” v. Colombia. Judgment of September 15, 2005. Series C No. 134, para. 237; and Case of the Moiwana
Community. Judgment of June 15, 2005. Series C No. 124, para. 203; and Case of the Serrano Cruz Brothers. Judgment of March
1, 2005. Series C No. 120, para. 170. Cf. IACHR Report No. 62/08 Manuel Cepeda Vargas, para. 138.