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66.
Having made a formal examination of the probative elements in the file of the
instant case, the Court will proceed to examine the alleged violations of the American
Convention, based on the facts that it finds have been proved, as well as on the
arguments of the parties. To this end, it will abide by the principles of sound judicial
discretion, within the corresponding normative framework.72 In these terms,
international courts have broad faculties to consider and assess the evidence, in
accordance with the rules of logic and based on experience, without having to subject
themselves to the rules of evidence assessment.73 In this regard, circumstantial
evidence, indications and presumptions may be used, provided they lead to consistent
conclusions regarding the facts.74
IV.3
THE RIGHTS TO LIFE AND TO PERSONAL INTEGRITY OF
SENATOR MANUEL CEPEDA VARGAS
(ARTICLES 4(1) AND 5(1) IN RELATION TO THE OBLIGATION TO RESPECT RIGHTS
ESTABLISHED IN ARTICLE 1(1)), OF THE AMERICAN CONVENTION)
67.
The State acknowledged its international responsibility for the violation of
Senator Cepeda’s right to life, by act and omission, because the perpetrators were two
Army sergeants, and because it had failed to adopt the necessary measures to protect
him from the danger he faced (supra para. 13).
68.
According to the Commission and the representatives, the dispute concerning
the violation of the right to life subsists in relation to the following elements: the
alleged existence of a systematic pattern of violence against members of the UP, in the
context of which the extrajudicial execution of Senator Cepeda Vargas took place; the
alleged responsibility of State agents in the authorship of the extrajudicial execution;
the supposed operational coordination between members of the Army and of
paramilitary groups to perpetrate the murder, and the State’s responsibility for the
participation of members of these groups in the execution; the supposed existence of
the so-called “coup de grâce” plan, the purpose of which was to exterminate the
leaders of the UP, including Senator Cepeda Vargas; the alleged failure to comply with
the obligation to conduct an appropriate investigation into a complex crime such as the
one of which Senator Cepeda Vargas was a victim; the alleged violation of Articles 41
and 44 of the Convention in relation to the right to life, since Senator Cepeda Vargas
was a beneficiary of precautionary measures at the time of his murder, and the intent
to characterize this violation of the right to life as a crime against humanity.
69.
Finally, the State acknowledged the violation of the right to
Mr. Cepeda Vargas (supra para. 13), and the Commission and
have not referred specifically to this violation. Consequently, the
dispute has ceased in this regard, without prejudice to noting the
this in order to determine other aspects of the violations.
personal integrity of
the representatives
Court finds that the
facts that motivated
72
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala, supra note 57, para. 76; Case of the
Dos Erres Massacre v. Guatemala, supra note 57, para. 55, and Case of Radilla Pacheco v. Mexico, supra note 24,
para. 67.
73
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala, Reparations and costs, supra note 56,
para. 51; Case of Anzualdo Castro v. Peru, supra note 36, para. 29, and Case of Perozo et al. v. Venezuela, supra
note 49, para. 112.
74
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 36, Case of Anzualdo Castro v. Peru,
supra note 36, para. 38, and Case of Escher et al. v. Brazil, supra note 25, para. 127.