4
Responsibility of the State”, added, in his enlightened and erudite manner, that
"Indeed, it could be so attributed, but only in cases where it is
specifically characterized by a measure of participation or complicity on the
part of State organs. There is no need, at this juncture, to establish the forms
that such 'participation' or `complicity' should take (...). The action of an
individual would be the basis of the internationally wrongful conduct of the
State, and the State would violate an international obligation through the
action of an individual in which certain organs were merely accomplices. (...)
The internationally wrongful act with which the State is charged is the
violation of an international obligation perpetrated through the action of the
individual concerned (...)"5.
13.
Anyhow, in the instant case, the conduct constituted by the facts, acknowledged by
the respondent State itself, was duly attributed to the latter by the Court. The conclusion
reached by the Court regarding the facts of the instant case, which speaks in itself of the
seriousness of the phenomenon of paramilitarism in Colombia, was stated by the Court in
unequivocal terms:
"Collaboration by members of the armed forces with the paramilitary
was shown by a set of grave actions and omissions aimed at enabling the
massacre to take place and at covering up the facts to seek impunity for those
responsible. In other words, the State authorities who were aware of the
intentions of the paramilitary group to conduct a massacre to instill fear
among the population not only collaborated in preparations for said group to
be able to carry out these criminal actions but also made it appear to public
opinion that the massacre was committed by the paramilitary group without
their knowledge, participation, and tolerance, situations that are contrary to
what has already been demonstrated in the proven facts.
Likewise, since it has partially acknowledged its international
responsibility for violations of the American Convention, the State cannot
validly exclude from the content of its declaration any of the points
acknowledged. Thus, we cannot accept the claim by the State that it must
not be found responsible for the acts committed by the paramilitary or selfdefense groups in the Mapiripán Massacre, as this would render the previously
made acknowledgment void of content, and would lead to a substantial
contradiction with some of the facts that it has acknowledged.
In brief, having established that there was a link between the armed
forces and this paramilitary group to commit the massacre, based on the
acknowledgment of the facts by the State and the body of evidence in the file,
the Court has reached the conclusion that the international responsibility of
the State has resulted from a set of actions and omissions by State agents
and private citizens, conducted in a coordinated, parallel or linked manner,
with the aim of carrying out the massacre. (...) Since the acts committed by
the paramilitary against the victims in the instant case cannot be considered
mere acts amongst private individuals, as they are linked to actions and
omissions by State officials, the State is found to be responsible for said acts,
based on non-fulfillment of its erga omnes treaty obligations to ensure the
effective exercise of human rights in said relations amongst individuals”
5
.
Ibid., pp. 96-97, para. 64.