-111truth about what happened and to receive comprehensive reparation have
also been guaranteed, in keeping with the State’s possibilities and the status
of the judicial proceedings that are still underway in the domestic
jurisdictions.
(g) In the disciplinary proceedings, the charges against the State agents were
based on omissions in performing their duties and on testimonial evidence,
expert reports, and a visit to the military base of San Pedro de Urabá. During
the proceedings, several specialized tests were carried out to prove whether
there had been tolerant or acquiescent conduct by members of the Armed
Forces; however, the judge considered that there was insufficient evidence to
make a conviction and decided to absolve those subject to the disciplinary
hearings, and
(h) The State has not failed to comply with the obligation to respect the rights to
judicial guarantees and protection. Colombia has achieved specific and
impressive results which illustrate its interest in the effective investigation
and sanction of crimes that violate the human rights embodied in the
Convention.
Findings of the Court
167.
Article 8(1) of the American Convention establishes:
Every person has the right to a hearing, with due guarantees and within a reasonable
time, by a competent, independent, and impartial tribunal, previously established by
law, in the substantiation of any accusation of a criminal nature made against him or for
the determination of his rights and obligations of a civil, labor, fiscal, or any other
nature.
168.
Article 25 of the Convention stipulates:
1.
Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his
fundamental rights recognized by the constitution or laws of the state concerned or by
this Convention, even though such violation may have been committed by persons
acting in the course of their official duties.
2.
The States Parties undertake:
(a) to ensure that any person claiming such remedy shall have his rights
determined by the competent authority provided for by the legal system of the
state;
(b) to develop the possibilities of judicial remedy; and
(c) to ensure that the competent authorities shall enforce such remedies when
granted.
169. The Court has maintained that, according to the American Convention, the
States Parties are obliged to provide effective judicial recourses to the victims of
human rights violations (Article 25), recourses that must be substantiated in
accordance with the rules of due process of law (Article 8(1)), always in keeping with
the general obligation of the States to ensure the free and full exercise of the rights
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