-103investigated genuinely, they would be, to some extent, assisted by the public
authorities, which would entail the State’s international responsibility.218
146. The Court appreciates the difficult circumstances that Colombia was and still
is experiencing, and in which its population and its institutions are endeavoring to
achieve peace. Nevertheless, the country’s situation, however difficult, does not
liberate the State Party to the American Convention from its obligations under this
treaty, which subsist particularly in cases such as this.219 The Court has maintained
that by implementing or tolerating actions aimed at carrying out extrajudicial
executions, failing to investigate them adequately and, when applicable, failing to
punish those responsible effectively, the State violates its obligations to respect and
ensure the rights established in the Convention to the alleged victims and their next
of kin, prevents society from knowing what happened,220 and reproduces the
conditions of impunity for this type of acts to be repeated.221
147. In this regard, in the context of the obligation to protect the right to life under
Article 2 of the European Convention on Human Rights and Fundamental Freedoms,
read together with Article 1 thereof, the European Court of Human Rights has
developed the theory of the “procedural obligation” to carry out an effective official
investigation in cases of violations of that right. In Ergi v. Turkey, the European court
decided that, even though there was no hard evidence that the security forces had
caused the death of the victim, the State had failed in its obligation to protect the
right to life of the victim, taking into account the conduct of the security forces and
the absence of an adequate and effective investigation, so that it had violated Article
2 of the European Convention.222 The European Court reached a similar conclusion
in the Akkoç and Kiliç cases, both of them against Turkey, after determining the
limited scope and duration of the official investigations made in relation to the death
of the petitioner’s wife.223
148. In order to decide whether the obligation to protect the rights to life, humane
treatment and personal liberty by carrying out a genuine investigation of the facts
has been complied with fully, it is necessary to examine the proceedings opened at
the domestic level destined to clarify the events that occurred in Pueblo Bello and to
identify those responsible for the disappearances of 37 people and the deprivation of
liberty and, subsequently, of life, of six people whose bodies have been identified.
This examination must be carried out in light of the provisions of Article 25 of the
American Convention and of the requirements imposed by its Article 8 on the whole
process, and the Court will refer to it extensively in the next chapter of this judgment
218
Cf. Case of the “Mapiripán Massacre”, supra note 7, paras. 137 and 232; Case of Huilca Tecse.
Judgment of March 3, 2005. Series C No. 121, para. 66; Case of the “ Juvenile Reeducation Institute”,
supra note 17, para. 158; Case of the Gómez Paquiyauri Brothers, supra note 188, para. 129, and Case of
the 19 Merchants, supra note 192, para. 153.
219
Cf. Case of García Asto and Ramírez Rojas, supra note 10, para. 170; Case of the “Mapiripán
Massacre”, supra note 7, para. 238, and Case of the Moiwana Community, supra note 7, para. 153.
220
Cf. Case of the “Mapiripán Massacre”, supra note 7, para. 238; Case of the Moiwana Community,
supra note 7, para. 153, and Case of Juan Humberto Sánchez, supra note 189, para. 134.
221
Cf. Case of the “Mapiripán Massacre”, supra note 7, para. 238; Case of the Gómez Paquiyauri
Brothers, supra note 188, para. 130, and Case of Myrna Mack Chang, supra note 197, para. 156.
222
Cf. European Court of Human Rights, (Chamber), Ergi v. Turkey, judgment of 28.07.1998, Reports
of Judgments and Decisions, n. 81, paras. 85-86.
223
Cf. European Court of Human Rights, Akkoç v. Turkey, judgment of 10 October 2000, paras. 77
to 99; Kiliç v. Turkey, judgment of 28 March 2000, paras. 78 to 83.
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