122
j)
there has been a growing and progressive system of State
responsibility that in some cases has even led to acceptance of the
responsibility of the State independently of any guilt, that is, an objective
responsibility. In any case, the system for compensation of damage has
evolved in favor of the injured parties, strengthened by joining of
responsibility of the official and the administration, so that the injured parties
can act against either of them: the legal or natural person;
k)
administrative-law jurisdiction is the appropriate domestic legal
instrument to obtain compensation and reparation for human rights
violations. However, it has not been possible to resort to administrative law
settlement, given the weakness of evidence in the files, because being a
requested jurisdiction, the burden of evidence is on the plaintiffs in the
proceedings. Some of the next of kin initiated several judicial proceedings
seeking to obtain compensation for the property- and non-property-related
damage they suffered. It is curious that several of the individuals who
participated in the international proceeding, seeking –among other thingscompensation, at the time decided not to resort to the generous legal means
offered by the domestic legal system for this same purpose. However, by
means of settlements, the State has recognized the compensations claimed
by the plaintiffs. In the proceeding initiated by Nory Giraldo de Jaramillo, the
settlement was unsuccessful due to lack of willingness of the plaintiff to
settle, despite a serious proposal by the State;
l)
the facts have been elucidated in the domestic proceedings and justice
has acted without exceeding reasonable term and without unjustified delay;
m)
the February 15, 2005 judgment by the High Court of the Judicial
District of Bogotá is final and it exhausts the venue with regard to the persons
found liable, without detriment to continuation of the investigations underway
and of the international obligation of the State to investigate, prosecute,
capture, and punish;
n)
reasonable term cannot be understood to refer only to the time and
duration of a proceeding; rather, it is necessary to take into account the
complexity of the matter, the procedural activity of the interested parties, and
conduct of the proceeding by the authorities. The State believes that the
five-year term set as a limit of reasonable term in Article 8(1) of the
Convention cannot be considered an insurmountable one, because in each
case the circumstances and incidents of procedure will show whether the term
of the investigations conducted is reasonable;
o)
this is a complex case, not only factually, but also juridically. Justice
has operated effectively and within a reasonable term, bearing in mind the
complexity of the case. In Colombia reasonable term must be examined not
only in light of the time invested in an investigation, but also in the context of
the functioning of its system for administration of justice, with many
difficulties and limitations in terms of financial and technical resources to
attain the results sought, in addition to the critical public order situation in
the areas where the investigations must be carried out and the evidence
obtained;
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