95
by members of the security forces with regard to actions by said groups. In the
reports published since 1997 on the human rights situation in Colombia, the Office of
the United Nations High Commissioner for Human Rights has documented the
representative cases of violations of the Right to Life, in which it was alleged that the
government and the Armed Forces collaborated with the paramilitary to murder,
threaten or displace the civilian population. According to the 1997 report, the acts
committed by the paramilitary constituted the greatest number of human rights
violations reported in the country in 1997, including massacres, forced
disappearances, and hostage taking. In addition to the above, in her reports the High
Commissioner constantly refers to impunity of human rights violations and
abridgments of International Humanitarian Law committed by the paramilitary and
the connivance between those groups and the security forces, as a consequence of
criminal proceedings and of criminal proceedings and of disciplinary investigations
opened against them, that do not lead to the establishment of responsibilities nor to
the respective punishment (supra para. 96.20). Specifically with regard to what
happened in Mapiripán, the Report by the United Nations High Commissioner for
Human Rights states that, “the specifics of the cases filed before the Office in
Colombia suggest that the facts could not have taken place without that
acquiescence, support, or complicity. Aside from the testimony of the witnesses an
the observations by the Commissioner herself, the Ombudsperson [Defensor del
Pueblo] also acknowledged that the paramilitary “ha[d] become the illegal arm of the
security forces, carrying out the dirty work that the latter cannot do.”204
120. In the instant case, Colombia acknowledged the violation of international
treaty obligations due to “the facts of July 1997” in Mapiripán, but it subsequently
objected to attribution to the State of acts by the paramilitary who carried out said
massacre. The Court notes that, while the acts that took place between July 15 and
20, 1997, in Mapiripán, were committed by members of paramilitary groups, the
massacre could not have been prepared and carried out without the collaboration,
acquiescence, and tolerance, expressed through several actions and omissions, of the
Armed Forces of the State, including high officials of the latter. There is in fact no
documentary evidence before this Court proving that the State directly conducted the
massacre or that there was a dependent relationship between the Army and the
paramilitary groups or a delegation of the public functions of the former to the latter.
However, based on an analysis of the facts acknowledged by the State, it clearly follows
that both the behavior of its own agents and that of the members of the paramilitary
groups are attributable to the State insofar as they in fact acted in a situation and in
areas that were under the control of the State. In point of fact, the incursion by the
paramilitary in Mapiripán was an act planned several months before July 1997, carried
out with full knowledge, logistic preparations and collaboration by the Armed Forces,
who enabled the paramilitary to leave Apartadó and Neclocí toward Mapiripán in areas
that were under its control, and left the civilian population defenseless during the days
of the massacre by unjustifiably transferring the troops to other places (supra paras.
96.30 to 96.39, 96.43 and 116).
121. Collaboration by members of the armed forces with the paramilitary was shown
by a set of grave actions and omissions aimed at enabling the massacre to take place
and at covering up the facts to seek impunity for those responsible. In other words,
204
See Report by the United Nations High Commissioner for Human Rights on the human rights
situation in Colombia in 1997, E/CN.4/1998/16, March 9, 1998, paras. 29 and 91; Fourth Report by the
Ombudsman to the Colombian Congress, 1997, pages 59 and 60, cited in said Report by the High
Commissioner.
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