case, any State authority, public official or individual who becomes aware of acts aimed at
the enforced disappearance of persons, must report this immediately. 737
476. Furthermore, the State’s obligation to investigate possible acts of torture or other
cruel, inhuman or degrading treatment is reinforced by the provisions of Articles 1, 6 and 8
of the Inter-American Convention against Torture which oblige the State to “take effective
measures to prevent and punish torture within their jurisdiction,” and also “to prevent and
punish other cruel, inhuman, or degrading treatment or punishment.” This obligation
applies to Colombia since December 1998, when it ratified this Convention.
477. Based on the above considerations and bearing in mind that the investigations into
the facts of this case under the ordinary jurisdiction were not started, seriously and
effectively, until 16 and 22 years after the events (in the case of the disappearances and
torture, respectively) or were never started (in the case of the detention and ill-treatment
of Orlando Quijano), the Court concludes that the State failed to comply with its obligation
to open an investigation ex officio into the events of this case immediately.
B.4) Failure to search for the disappeared victims
478. In this case, eleven victims are still disappeared, inasmuch as their fate or
whereabouts remain unknown. As mentioned previously, even in the hypothesis of the
death of these persons, the State had and has the obligation to take all pertinent measures
to clarify and determine their whereabouts. The Court notes that this obligation is
independent of whether the disappearance of the person is the result of the wrongful act of
forced disappearance, or of other circumstances such as their death in the operation to
retake the Palace of Justice, errors in the return of their remains, or other reasons. 738
479. In cases of presumed enforced disappearance, it is essential that the judicial and
prosecution authorities act promptly and immediately ordering the opportune and necessary
measures to determine the whereabouts of the victim or the place where he or she could be
deprived of liberty. 739
480. In order to conduct an investigation into a presumed enforced disappearance
effectively and with due diligence, the authorities in charge of the investigation must use all
necessary means to take those measures and make those inquiries that are essential and
opportune to clarify the fate of the victims. 740 On numerous occasions, this Court has ruled
on the obligation of States to conduct a genuine search, using the appropriate
administrative or judicial mechanism, during which every effort is made, systematically and
rigorously, with the adequate and appropriate human, technical and scientific resources, to
737
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
September 22, 2009. Series C No. 202, para. 65, and Case of García and family members v. Guatemala. Merits,
reparations and costs. Judgment of November 29, 2012. Series C No. 258, para. 138.
738
Similarly, under international humanitarian law applicable in situations of non-international armed conflicts such
as this one, States must “take all feasible measures to account for persons reported missing as a result of armed
conflict and must provide their family members with any information it has on their fate.” Cf. ICRC, Customary
International Humanitarian Law, Vol. I, Rule 117, edited by Jean-Marie Henckaerts and Louise Doswald-Beck, 2007.
739
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
September 22, 2009. Series C No. 202, para. 134, and Case of García and family members v. Guatemala. Merits,
reparations and costs. Judgment of November 29, 2012. Series C No. 258, para. 138.
740
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 174, and
Case of Osorio Rivera and family members v. Peru. Preliminary objections, merits, reparations and costs. Judgment of
November 26, 2013. Series C No. 274, para. 182. See also Article X of the Inter-American Convention on the Forced
Disappearance of Persons, and Article 12 of the International Convention for the Protection of All Persons from
Enforced Disappearance.
167
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos