participation” in the attack. It indicated that “[it] was up to the State to carry out a
thorough, meaningful and diligent investigation about possible government involvement [...]
before archiving the investigation.” Despite the foregoing, the State ordered the closure of
the case, "suspend[ing] the investigative procedures” without “pursuing logical lines of
inquiry,” and without taking “performing procedures that might lead to the identification of
those responsible and, most particularly, without seriously examining the possible
involvement of State authorities.” Consequently, it considered that the decision to archive
the case was unjustified. In this context, it said that the delay of “more than seven years”
without clarification of the circumstances implied a delay that “in itself, unreasonable and
unjustified.”
136. The representatives pointed out that according to the Minnesota Protocol, there are
certain procedures that must be followed so that the investigation of a violent death is
properly handled. They stated that
t]he violation of the duty of due diligence, has materialized, among other things, given the
inactivity of the judicial authorities in carrying out basic actions in a timely manner that could
have pointed to the perpetrators and masterminds of the event, as well as the absence of an
investigation that from the beginning, should have been investigated regarding the existence of
the manner of death for hire and the alleged involvement of irregular armed groups, organized
crime, and/or agents of the State.
137. Among the procedures not carried out by the State, the representatives included:
“the failure to analyze the bullet trajectory and carry out ballistic comparison tests”, and
“the lack of coordination between various judicial agencies,” as well as “non-compliance
with measures of protection in favor of Yelitze Lisbeth Moreno and her son”, ordered by the
Commission, “the failure to monitor and capture suspects” and “the absence of logical lines
of inquiry” that took into account the context in which the events occurred or the “modus
operandi [of] certain actors”. They mentioned the lack of an investigation regarding judicial
processes in Colombia, particularly on statements made soon after the attack against Joe
Luis Castillo, by paramilitary leaders such as “Carlos Castaño [and] Salvatore Mancuso
[…]concerning the massacre of La Gabarra and other violent incidents.” They also
denounced the failure to question a survivor of the police confrontation of November 20,
2003. They emphasized that lines of inquiry relating to regarding paramilitary involvement
and even that of State agents in the attack were dismissed. In this regard, they stated that
[t]he prosecutors of the Attorney General’s Office had [...] from the beginning, accurate
information about the names of the members of the paramilitary group [...] [and] could have
interviewed [...] a National Guard member who collaborated with the group. In spite of having
received all this information, which included the identification of specific local government officials
as potential partners in crime.
138. The representatives concluded that “[t]he closure of the case was ordered due to
lack of evidence, a situation created by the lack of a proper investigation.” They added that
the authorities did not notify Mrs. Moreno, in a formal and timely manner, of the decision to
archive the case. Along with the Commission, they pointed out that given the time elapsed
and the continued impunity in the case, the requirement of reasonableness in the
proceedings was impaired.
139. The representatives added that they were not allowed access to the records of the
proceeding in the criminal case. They reported that “from the case file handled by the 20th
Prosecutor’s Office, they obtained copies, but under reservation, and this did not include the
order to archive the investigation.” As for the case file of the 83rd Prosecutor’s Office, they
reported that despite several requests, they were unable to obtain copies, and “did not have
visual access [to the record] until 2007.” They stated that this contravenes an element of
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