114
after the two-year time limit established by Colombian law, and that of
Graciela Arboleda Rodríguez, because the minimum documentation required
was not presented.
The Court’s findings
283.
Article 8(1) of the American Convention establishes:
Every person has the right to a hearing, with due guarantees and within a reasonable
time, by a competent, independent, and impartial tribunal, previously established by
law, in the substantiation of any accusation of a criminal nature made against him or
for the determination of his rights and obligations of a civil, labor, fiscal, or any other
nature.
284.
Article 25 of the Convention stipulates:
1. Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his
fundamental rights recognized by the constitution or laws of the state concerned or by
this Convention, even though such violation may have been committed by persons
acting in the course of their official duties.
2.
The States Parties undertake:
a. to ensure that any person claiming such remedy shall have his rights
determined by the competent authority provided for by the legal system of the
state;
b. to develop the possibilities of judicial remedy; and
c. to ensure that the competent authorities shall enforce such remedies when
granted.
285. During the processing of this case before the Court, the State asserted that it
had not violated Articles 8(1) and 25 of the Convention. It argued that the domestic
remedies should be assessed integrally, because it is the criminal, administrative and
disciplinary proceedings that have jointly and effectively achieved the results to date.
The Commission and the representatives affirmed that the State has violated these
articles for a number of reasons that include the flawed and incomplete
investigations, the time that the proceedings have taken, and the latter’s lack of
effectiveness and results, all of which have led to the partial impunity of those
responsible for the massacres of La Granja and El Aro.
286. In continuation, the Court will refer, first, to considerations applicable to the
facts of the La Granja and El Aro cases in relation to the obligations established in
Articles 8(1) and 25 of the Convention. Then, in separate sections, it will examine
the respective criminal, administrative and disciplinary proceedings, indicating in
each case the findings applicable to the investigations carried out into both events,
and also the specific findings in each case.
287. The Court has affirmed that, under the American Convention, the States
Parties are obliged to provide effective judicial remedies to the victims of human
rights violations (Article 25), remedies that must be implemented according to the
rules of due process of law (Article 8(1)), all within the general obligation of States
to ensure to all persons subject to their jurisdiction free and full exercise of the rights
established in the Convention (Article 1(1)).232
232
Cf. Case of Baldeón García, supra note 5, para. 143; López Álvarez case. Judgment of February
1, 2006. Series C No. 141, para. 147; and Case of the Pueblo Bello Massacre, supra note 9, para. 169.
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