of exhuming the corpses buried in the mass grave of the South General Cemetery has been undertaken. As a result of this process, different anthropological and genetic tests have been performed that, to date, have ruled out the presence of the disappeared victims among the remains buried in that place, with the exception of the identification of Ana Rosa Castiblanco in 2001 (supra para. 193). However, the Court takes note of the information provided by Carlos Bacigalupo who indicated that, “to date, the State has not developed a genuine search plan, either with regard to the unidentified bodies in the mass grave which have been ruled out as [belonging to] the disappeared […] or to investigate other places where, based on the lines of investigation, the disappeared could be.” 747 Although the victims have been incorporated into the National Plan for the Search for Disappeared Persons, 748 the Court notes that the information provided by the representatives reveals that no additional actions have been taken to find them and that the information registered under this search plan has not been updated, so that Ana Rosa Castiblanco Torres, whose remains were found and identified in 2001, is still recorded as disappeared. 485. Furthermore, the Court notes that the examinations and tests on the exhumed corpses were performed in the context of the different criminal proceedings and at the request of the different judicial authorities. Consequently, the results obtained have been isolated, partial and incomplete. In this regard, the Court underlines the comment of the Physical Anthropology Laboratory of the Universidad Nacional de Colombia that “the crosschecking phase has perhaps been the most incomplete phase” of the exhumation process (supra para. 192). Also, the Superior Court of Bogota indicated that “the procedure to exhume the corpses in the mass grave in the South Cemetery has not been documented systematically, which means that the information is fairly fragmented, and prevents reaching objective conclusions.” 749 486. Consequently, the Court finds that the failure to make a serious, coordinated and systematic effort to search for the victims constitutes a violation of the access to justice of their family members. B.5) Due diligence 487. The Court emphasizes that, to conduct an investigation into enforced disappearance effectively and with due diligence, 750 all necessary means should be used to carry out promptly the actions and inquiries that are essential and opportune to clarify the fate of the victims and to identify those responsible for their forced disappearance. 751 To this end, the State should provide the corresponding authorities with the necessary logistic and scientific resources to collect and process the evidence and, in particular, the power to access the pertinent documentation and information in order to investigate the facts denounced and to obtain indications or evidence of the whereabouts of the victims. 752 747 Written notes by Carlos Bacigalupo (evidence file, folio 36315). 748 Cf. National Plan for the Search for Disappeared Persons, records corresponding to: Ana Rosa Castiblanco Torres, Bernardo Beltrán Hernández, Carlos Augusto Rodríguez Vera, Cristina del Pilar Guarín Cortés, David Súspes Celis, Gloria Anzola de Lanao, Gloria Stella Lizarazo Figueroa, Héctor Jaime Beltrán Fuentes, Irma Franco Pineda, Luz Mary Portela León, Norma Constanza Esguerra Forero and Lucía Amparo Oviedo Bonilla (evidence file, folios 26130 to 26177). 749 Cf. Judgment of the Criminal Chamber of the Superior Court of Bogota of January 30, 2012 (evidence file, folio 23285). 750 Cf. Article I(b)) of the Inter-American Convention on Forced Disappearance of Persons. See, similarly, Article 12 of the International Convention for the Protection of All Persons from Enforced Disappearance. 751 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. 752 Cf. Case of Tiu Tojin v. Guatemala. Merits, reparations and costs. Judgment of November 26, 2008. Series C No. 253, para. 327, and Case of Osorio Rivera and family members v. Peru. Preliminary objections, merits, reparations 169

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos