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participants in the judicial process, as well as former and current inhabitants of
Mapiripán.
300. According to what the State reported, the Special Committee to further the
investigation of violations of human rights and international humanitarian law has
chosen the case of the Mapiripán Massacre to accelerate elucidation of the facts and
punishment of those responsible (supra para. 293.m)). The Court deems that this
may contribute to compliance with said obligations, together with the appointment of
a special Public Prosecutor, within the Human Rights Unit of the Office of the
Attorney General, exclusively in charge of the investigation and furthering of the
ongoing criminal proceeding.
*
*
*
301. The Court notes that on June 22, 2005 the Congress of the Republic of
Colombia enacted Law 975, called “Ley de Justicia y Paz”, ���which issues provisions
for the reinsertion of members of organized armed groups outside the law, to
effectively contribute to the attainment of national peace, and issues other provisions
for humanitarian agreements,” signed by the President of the Republic on July 25 of
that same year. In this regard, the representatives filed a brief after their final
written pleadings (supra para. 44), in which they pointed out that enactment of this
Law constitutes a supervening fact in the instant case, since it is an additional
obstacle to establishment of the truth, attainment of justice and reparations for the
victims in this case, as they are not ensured the possibility of fully participating in
the criminal proceeding and of receiving comprehensive reparations. Based on the
above, they asked the Court to “examine the normative framework of demobilization
of the paramilitary as a whole, and order that domestic legislation and the
demobilization program be adjusted to international standards regarding the rights of
the victims”.
302. In this regard, the Commission deemed that the provisions of the Ley de
Justicia y Paz do not establish incentives for those who are demobilized to
extensively confess the truth regarding their responsibility, in exchange for the
judicial benefits they will receive; that this massacre involved multiple perpetrators,
linked to paramilitary blocks that have entered the demobilization process and,
therefore, they will be beneficiaries of application of the “Justice and Peace” Law, as
will agents of the State whose collaboration by action or omission is yet to be
established, and that the State has the obligation to remove all factual and legal
obstacles that might hinder extensive judicial elucidation of the violations of the
American Convention committed in this case, prosecution of those responsible, and
due reparations to the victims.
303.
The State, in turn, pointed out that enactment of Law 975 de 2005 does not
constitute a supervening fact under the terms of Article 44(3) of the Rules of
Procedure, as it has not been applied to the specific case, for which reason it is not
possible to establish and identify the alleged violations that said application
generates regarding the rights of the victims. After analyzing the scope of the Law,
the State pointed out that it is not appropriate for the Court to rule on whether said
Law is in accordance with the international obligations of the State regarding the
American Convention in the instant case.
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