109
(c)
The decisions taken by the administrative jurisdiction in Colombia are
“totally insufficient” to be understood as reparations for the State’s
international responsibility because, in practice, in the case of human rights
violations, they are restricted to ordering compensation and disregard
restitution and measures of satisfaction;
(d)
Regarding the disciplinary proceedings, the “efforts made by the
Delegate Human Rights Attorney of the Attorney General’s Office are
commendable, but the consequences of this sanction have not had any
impact on the criminal proceedings, thus failing to observe the obligation to
coordinate and collaborate that should exist between State entities”;
(e)
The sanction of dismissal ordered by the State for those found guilty
had no effect, because they had retired from the Army several years before
this decision was issued, and other authorities were not investigated;
(f)
The State has “organized its structures to keep the authors of these
grave human rights violations beyond the reach of the law”;
(g)
Colombian criminal legislation expressly prevented a claimant for civil
injury being present during the pre-trial investigation stage, a situation that
only changed on April 3, 2002, when the Colombian Constitutional delivered
judgment C-228 ordering the situation to be reversed;
(h)
Colombia has adopted domestic laws that prevent the alleged victims
of these grave facts from being guaranteed the right to the truth and to
justice. The Justice and Peace Act will allow both the masterminds and the
perpetrators of these serious crimes to receive minimum sentences compared
to those they should receive in order to make amends to society; this fosters
impunity and establishes special treatment for political crimes; and
(i)
The criminal investigations have only resulted in a limited number of
judgments; moreover, they have not been prompt, because they have taken
more time that is reasonable.
i)
Concerning the events that occurred in La Granja
(a)
Even though about 20 men participated directly in the massacre,
including members of a paramilitary group and an unknown number of “State
agents who allowed and assisted the perpetration of the crimes committed,”
not one of them has been convicted, despite the fact that eight years have
elapsed;
(b)
The “adequate and essential” information to identify, prosecute and
punish those responsible was available to the State immediately following the
events but it disqualified itself from taking these measures; the complexity
alleged by the State does not provide acceptable grounds or reasons for the
failure to comply with its obligation to investigate;
(c)
On August 31, 2001, the National Human Rights Unit of the
Prosecutor’s Office only indicted Police Lieutenant José Vicente Castro
because, in the case of the other individuals included in the investigation,
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