66
B.2.3. Investigation into Álvarez Sánchez
252. Regarding the investigation into Álvarez Sánchez, it is relevant to note that Colombia
has indicated the intervention of paramilitaries in the three events280 and that, given the
context of the case (supra para. 71), the proven intervention of paramilitaries led to an
assumption of the possibility of action by state officers.281 However, even when the State
accepts that the three facts may be connected, in relation to the investigation into Álvarez
Sánchez, the Court notes that there is no evidence that it has taken any action to investigate
the possible responsibility of state officers.
B.2.4. Protection of family members
253. Finally, matters related to the protection of family members must be examined within
the framework of the investigation processes. In this regard, this Court has stated that “in
order to guarantee due process, it must provide all the necessary means to protect judicial
officers, investigators, witnesses and relatives of the victims from harassment and threats
whose purpose is to hinder the process, prevent the clarification of the facts and cover up
those responsible for them,282 because otherwise it would frighten and intimidate those
investigating and on those who could be witnesses, seriously affecting the effectiveness of the
investigation”.283 The Court has heard cases in which, due to the circumstances, this duty had
to be fulfilled ex officio by the State.284
254. In this case, there is no evidence that, during the time that the investigation has lasted,
protection has been offered or provided to relatives of Mr. Omeara Carrascal.285 It should be
Merits, supra, paras. 155 to 157, and Case Vereda La Esperanza v. Colombia supra, paragraph 150). However, the
cessation of forced disappearance does not affect the fact that the events that shaped it are qualified in this way (Cf.
Case of Rodríguez Vera et al. (Disappeared from the Palace of Justice) v. Colombia, supra, para. 368). The obligations
established by the Inter-American Convention on Forced Disappearance are enforceable as of its ratification, even if
the start of its execution was earlier (Cf. Case of the Dos Erres Massacre v. Guatemala, supra, para. 137, and Case
of Rodríguez Vera et al. (Disappeared from the Palace of Justice) v. Colombia, supra, paragraph 438). Furthermore,
even when the forced disappearance ceases prior to the indicated ratification, the lack of investigation of the forced
disappearance violates the Inter-American Convention on Forced Disappearance, to the detriment of the relatives of
the person who had been forcibly disappeared (Cf. Case of Rodríguez Vera et al. (Disappeared from the Palace of
Justice) v. Colombia, supra, paragraphs 368 and 513).
280
The State has indicated that State agents intervened in the events relating to Omeara Carrascal and Omeara
Miraval and has recognized the possibility that paramilitaries also did so (supra paras. 16 and 19). In turn, it indicated
that the material participation of a member of a paramilitary group has been “proven” regarding what happened to
Mr. Álvarez Sánchez (supra para. 226), without ruling out the possible participation of state agents in that event.
281
The expert witness González Amado stated that, in contexts such as those of this case, the investigation
hypotheses would require a clear understanding of the systemic crimes, registering the conduct within a more general
framework, and that the link between the events and local or regional power structures should be considered. Expert
Opinion of Iván González Amado given by affidavit, supra.
282
Cf. Case of Myrna Mack Chang v. Guatemala, Merits, Reparations and Costs. Judgment of November 25,
2003. Series C No. 101, para. 199, and Case of Carvajal Carvajal et al. v. Colombia, supra, para. 126.
283
Cf. Case of Kawas Fernández v. Honduras. Merits, Reparations and Costs. Judgment of April 3, 2009. Series
C No. 196 para. 106, and Case of Carvajal Carvajal et al. v. Colombia, supra, para. 126.
284
Cf. Case of Kawas Fernández v. Honduras, supra, para. 107.
285
In addition to the fact that no protection has been provided, there are statements to that effect. Thus,
Araminta Omeara Miraval declared before the Court that, after the death of Mr. Omeara Carrascal, his family did not
receive any help from the authorities and that the threats and extortions increased. (Affidavit statement of Araminta
Omeara Miraval, supra. Additionally, Ricaurte Omeara Miraval indicated before the Court that when their family
requested protection, it was denied. (Ricurte Omeara Miraval affidavit statement, supra). Furthermore, Jaime Antonio
Omeara Miraval indicated that he inquired into what happened to his father on his own, and that he could not file a
complaint in Aguachica, because that meant “sentencing oneself to death.” He affirmed that the State did not provide
the family with minimum security measures. (Statement by Jaime Antonio Omeara Miraval rendered before the Court
at the public hearing held on May 25 and 26, 2017) Fabiola Álvarez Solano highlighted, in her statement, the
circumstance that after her father, Héctor Álvarez Sánchez, testified before the Regional Prosecutor no protection
measure was assigned (Statement of Fabiola Álvarez Solano, supra.