511. In this regard, the Court reiterates that anyone, including the next of kin of the
victims of gross human rights violations, has the right to know the truth, according to
Articles 1(1), 8(1), 25, as well as in certain circumstances Article 13, of the Convention 795
(supra para. 481). However, it considers that, in this case, the right to know the truth is
subsumed basically in the right of the victims or their family members to obtain from the
competent organs of the State the clarification of the acts that violated human right and the
corresponding responsibilities, by the investigation and prosecution established by Articles 8
and 25 of the Convention, 796 which also constitutes a form of reparation. Consequently, in
this case, the Court will not make an additional ruling with regard to the violation of the
right to the truth alleged by the representatives.
B.8) General conclusion
512. The Court assesses positively the efforts made to date in the individualization and
prosecution of those presumably responsible in this case. It also underscores the partial
acknowledgement of responsibility made by the State in relation to its obligation to
investigate the facts (supra para. 21.c). However, based on the above considerations, the
Court finds that the State violated the guarantee of an ordinary, independent and impartial
judge as regards the investigations into the forced disappearance of Irma Franco Pineda
and the torture suffered by Yolanda Santodomingo Albericci and Eduardo Matson Ospino.
The Court also finds that Colombia failed to comply with its obligation to open an immediate
and effective investigation ex officio, and omitted to carry out the necessary search
activities to discover the whereabouts of the disappeared and to clarify what happened, and
did not act with due diligence during the initial investigation procedures and, to a lesser
extent, in the investigations that are underway in the ordinary jurisdiction. Lastly, the Court
has noted that the investigation into these facts has not respected the guarantee of a
reasonable time.
513. Consequently, the Court concludes that the State violated the right to judicial
guarantees and to judicial protection recognized in Articles 8(1) and 25(1) of the American
Convention, in relation to Article 1(1) of this instrument, to the detriment of the next of kin
of the forcibly disappeared victims, including the next of kin of Carlos Horacio Urán Rojas,
and of the next of kin of Ana Rosa Castiblanco Torres and Norma Constanza Esguerra
Forero, identified in paragraph 539 of this Judgment, as well as in relation to Article I(b) of
the Inter-American Convention on Forced Disappearance, to the detriment of the next of kin
of the forcibly disappeared victims, including the next of kin of Carlos Horacio Urán Rojas,
and in relation to Articles 1, 6 and 8 of the Inter-American Convention against Torture, to
the detriment of Yolanda Santodomingo Albericci, Eduardo Matson Ospino, Orlando Quijano
and José Vicente Rubiano Galvis.
XII
OBLIGATION TO PREVENT VIOLATIONS OF THE RIGHTS TO LIFE AND TO
PERSONAL INTEGRITY
No. 166, para. 128, and Case of the Massacres of El Mozote and nearby places v. El Salvador. Merits, reparations and
costs. Judgment of October 25, 2012. Series C No. 252, para. 298.
795
Cf. Case of Gelman v. Uruguay. Merits and reparations. Judgment of February 24, 2011 Series C No.221, para.
243, 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. 220.
796
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 181, and
Case of Uzcátegui et al. v. Venezuela. Merits and reparations. Judgment of September 3, 2012. Series C No. 249,
para. 240.
180
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