alteration and elimination of evidence, the diligence with which the State must act in the
investigation is increased. 780
500. In addition, both the Commission and the representatives alleged that no
investigation had been conducted into other individuals who were possibly responsible. In
this regard, it should be recalled that it is not for the Court to analyze the hypotheses
concerning the perpetrators that arose during the investigation of the events and,
consequently, to establish individual responsibilities; the definition of these is the purview of
the domestic criminal courts. 781 However, it notes that, in complex cases such as this one,
the obligation to investigate entails the duty to use the efforts of the State apparatus to
clarify the structure that permitted these violations, the causes, the beneficiaries, and the
consequences; hence an investigation can only be effective if it is conducted based on a
comprehensive vision of the facts that takes into account the background and the context in
which they occurred and that seeks to reveal the structures of participation. 782 In this
regard, the Court notes that, following the initial accusations and charges brought by the
Prosecution Service between 2007 and 2009 (supra paras. 174), no other person has been
implicated in the investigations into these events, despite various judicial decisions issued at
the domestic level establishing that other individuals who were possibly responsible should
be investigated.
501. The Court underlines the opinion of expert witness Carlos Castresana in this regard:
[The facts of the case were presumably] committed by authorities and agents who are sufficiently
identified, belonging to known military and police units, who did not act on their own accord, but as part
of a specific upward chain of command – the masterminds – and downward – perpetrators. It is unlikely
that a mid-level military leader could have decided to retake the Palace of Justice, […] without the
consent of his superiors. […] and, similarly, in all probability, the tasks of interrogating the detainees
and their torture, the enforced disappearances, and the extrajudicial executions must have been
perpetrated by subordinates. 783
502. The Court also emphasizes that, in the investigation of complex crimes, the design
and implementation of an investigation strategy is essential in order to concentrate efforts
and resources as effectively as possible. The Court observes and assesses positively that,
between 2005 and 2010, the investigation that was conducted abided by this principle, as
explained during the public hearing on the merits held in this case by the person who was
the prosecutor in charge of the investigation. However, the Court notes that, after that
stage, the investigations appear to have come to a halt, even though new investigations
had been requested during the criminal proceedings that were held, and the need to obtain
further evidence to achieve a definitive clarification of the events has been proposed. The
Court stresses, in particular, that no information has been provided on any progress made
in the investigations into what happened to Yolanda Santodomingo Albericci, Eduardo
Matson Ospino, Orlando Quijano and José Vicente Rubiano Galvis, or into the disappearance
and execution of Auxiliary Justice Carlos Horacio Urán Rojas.
503. The Court also emphasizes that, in January 2012, the Superior Court of Bogota
exhorted the Prosecutor General’s Office to “create a special unit with exclusive
780
Cf. Expert opinion of Michael Reed provided by affidavit on November 6, 2013 (evidence file, folio 35641).
781
Cf. Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary objection, merits, reparations and
costs. Judgment of July 10, 2007. Series C No. 167, para. 87, and Case of the Human Rights Defender et al. v.
Guatemala. Preliminary objections, merits, reparations and costs. Judgment of August 28, 2014. Series C No. 283,
para. 214.
782
Cf. Case of Manuel Cepeda Vargas v. Colombia. Preliminary objections, merits, reparations and costs. Judgment
of May 26, 2010. Series C No. 213, para. 118, and Case of García and family members v. Guatemala. Merits,
reparations and costs. Judgment of November 29, 2012. Series C No. 258, para. 148.
783
Expert opinion provided by affidavit by Carlos Castresana Fernández on November 6, 2013 (evidence file, folio
36274).
176
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos