6
2)
Regarding the legal claims
13.
In relation to the legal claims of both the Commission and the representatives (supra
para. 3 and 4), Colombia stated that it acknowledges:
b. [I]ts international responsibility, through action and omission, for the violation of the rights
enshrined in Articles 4 (right to life), 5 (right to personal integrity), and 7 (right to personal
liberty), in relation to the general obligation established in Article 1(1) of the American
Convention, with regard to the [deceased victims and the surviving victims].
c. [I]ts international responsibility for the violation of the right to personal integrity protected in
Article 5 of the Convention, with regard to the victims’ next of kin.
d. [I]ts partial international responsibility, for the violation of Articles 8 (Right to a Fair Trial) and
25 (Right to Judicial Protection), in connection to Article 1(1) (Obligation to Respect the Rights) of
the American Convention, to the detriment of the victims and their next of kin in the case of The
Rochela, since it considers that there are still judicial processes pending that are designed to
punish the material and intellectual authors.
14.
On this last point, in the State’s reply brief, the State indicated that:
Partial impunity has existed with regard to the investigation and prosecution of all those
responsible for the massacre. In this sense, [the State] admits that it failed in its duty to
investigate and punish all of the perpetrators involved in the deplorable events.
15.
In relation to the other legal claims, the State considered that:
it has complied with its treaty obligation established in Article 2 of the Convention and for that
reason it has adopted “[…]the legislative measures or measures of another nature necessary to
make these rights and liberties effective, in accordance with its constitutional procedures and the
stipulations of this Convention.” With regard to the measures implemented, the State specifically
noted Law 975 of 2005, and the recent ruling of the Constitutional Court C-370 of 2006.
[…]
regarding the right to the truth, the Court has been consistent in pointing out that this right is
subsumed in Articles 8 and 25 of the Convention. In other words, it cannot be invoked as an
autonomous right within the American Convention, as erroneously proposed by the
representatives in their brief.
3)
Regarding the identity and number of victims
16.
As stated in the previous section on the legal claims, Colombia clearly acknowledged
the violation of Articles 4, 5, and 7 of the Convention, in relation to Article 1(1) of said
treaty, to the detriment of the 12 members of the Judicial Commission [Comisión Judicial]
that passed away and the 3 survivors. The State also expressed that it acknowledges its
international responsibility for the violation of Article 5 of the Convention “with regard to the
victims’ next of kin.” Likewise, Colombia “partially” acknowledged its responsibility with
regard to the violation of Articles 8 and 25 of the Convention “to the detriment of the
victims and their next of kin.”
4)
17.
Regarding the requests for reparations and costs
In its reply brief, the State asked the Court to declare, inter alia, that:
[I]t has been advancing on the criminal and disciplinary investigations in order to punish all those
responsible and clarify the truth of what happened with regard to the massacre of “The Rochela”,
without prejudice to its duty to continue and conclude these investigations.
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