21
56.
The Court has interpreted the above-cited Article in the Velásquez Rodríguez
and Godínez Cruz Cases as follows:
Article 1(1) is essential in determining whether a violation of the human rights
recognized by the Convention can be imputed to a State Party. In effect, that article
charges the States Parties with the fundamental duty to respect and guarantee the rights
recognized in the Convention. Any impairment of those rights which can be attributed
under the rules of international law to the action or omission of any public authority
constitutes an act imputable to the State, which assumes responsibility in the terms
provided by the Convention. (Velásquez Rodríguez, Judgment of July 29, 1988. Series C
No. 4, para. 164; Godínez Cruz Case, Judgment of January 20, 1989. Series C No. 5,
para. 173.)
According to Article 1(1), any exercise of public power that violates the rights recognized
by the Convention is illegal. Whenever a State organ, official or public entity violates one
of those rights, this constitutes a failure of the duty to respect the rights and freedoms
set forth in the Convention. (Ibid., para. 169 and para. 178, respectively.)
Thus, in principle, any violation of rights recognized by the Convention carried out by an
act of public authority or by persons who use their position of authority is imputable to
the State. However, this does not define all the circumstances in which a State is
obligated to prevent, investigate and punish human rights violations, nor all the cases in
which the State might be found responsible for an infringement of those rights. An illegal
act which violates human rights and which is initially not directly imputable to a State
(for example, because it is the act of a private person or because the person responsible
has not been identified) can lead to international responsibility of the State, not because
of the act itself, but because of the lack of due diligence to prevent the violation or to
respond to it as required by the Convention. (Ibid. para. 172 and paras. 181-182,
respectively.)
57.
In the instant case, Colombia has undertaken a prolonged judicial
investigation, not free of defects, to find and sanction those responsible for the
detention and disappearance of Isidro Caballero-Delgado and María del Carmen
Santana, and those proceedings have not been closed.
58.
As the Court held in the cases cited above,
[i]n certain circumstances, it may be difficult to investigate acts that violate an
individual's rights. The duty to investigate, like the duty to prevent, is not breached
merely because the investigation does not produce a satisfactory result. (Velásquez
Rodríguez Case, supra 56, para. 177; Godínez Cruz Case, supra 56, para. 188.)
Nevertheless, to fully ensure the rights recognized in the Convention, it is not
sufficient that the Government undertake an investigation and try to sanction those
guilty; rather it is also necessary that all this Government activity culminate in the
reparation of the injured party, which in this case has not occurred.
59.
Therefore, as Colombia has not remedied the consequences of the violations
carried out by its agents, it has failed to comply with the duties that the above-cited
Article 1(1) of the Convention imposes on it.