130
responsible.254
217. The Court has established, regarding the principle of reasonable term set
forth in Article 8(1) of the American Convention, that it is necessary to take into
account three aspects to decide whether the time taken by a proceeding is
reasonable: a) complexity of the matter, b) procedural activity of the interested
party, and c) conduct of the judicial authorities.255
218. Nevertheless, the Court deems that pertinence of those three criteria to
decide whether the term of a proceeding is reasonable depends on the circumstances
of each case.
219. In point of fact, it is necessary to recall that the instant case is one in which
there were extralegal executions, and in this type of cases the State has the duty to
ex officio and promptly begin a serious, impartial and effective investigation.256
During the investigative and judicial processes, the victims of human rights
violations, or their next of kin, must have ample opportunity to participate and be
heard, both regarding elucidation of the facts and punishment of those responsible,
and in seeking fair compensation.257 However, the State is responsible for effectively
seeking to establish the truth, and this depends neither on the procedural initiative
of the victims or of their next of kin, nor on their contributing evidence.258 In this
case, some of the accused have been tried and convicted in absentia. Furthermore,
limited participation of the next of kin in the criminal proceedings, whether as civil
parties or as witnesses, is a consequence of the threats suffered during and after the
massacre, of their situation of displacement and of fear of participating in said
proceedings. Therefore, it can hardly be argued that in a case such as this one the
procedural activity of the interested party should be considered a decisive criterion to
decide whether the term has been reasonable.
220. Regarding the complexity of the case, the Court recognizes that the matter
investigated by the domestic judicial bodies is a complex one.
Despite that
complexity, to date there are concrete outcomes of the investigation and the criminal
proceeding that, while they are insufficient, have led to the conviction of several
members of the Army, as well as of several members of paramilitary groups, for
their participation in the facts (supra para. 96.126 e infra para. 230).
221. The massacre did in fact take place in the context of the domestic armed
conflict in Colombia; there were a large number of victims –who were executed or
displaced- and it took place in a remote region where access is difficult, among other
254
See Case of the Serrano Cruz Sisters, supra note 11, para. 66; Case of the 19 Tradesmen, supra
note 190, para. 188, and Case of Myrna Mack Chang, supra note 5, para. 209.
255
See Case of the Moiwana Community, supra note 4, para. 160; Case of the Serrano Cruz Sisters,
supra note 5, para. 67, and Case of Tibi, supra note 16, para. 175. Likewise see European Court of Human
Rights. Wimmer v. Germany, no. 60534/00, § 23, 24 May 2005; Panchenko v. Russia, no. 45100/98, §
129, 8 February 2005, and Todorov v. Bulgaria, no. 39832/98, § 45, 18 January 2005.
256
See Case of the Moiwana Community, supra note 4, para. 145; Case of the Gómez Paquiyauri
Brothers, supra note 185, para. 131, and Case of Myrna Mack Chang, supra note 5, para. 157.
257
See Case of the Moiwana Community, supra note 4, para. 147; Case of the Serrano Cruz Sisters.
Judgment of March 1, 2005. Series C No. 120, para. 63, and Case of the 19 Tradesmen supra note 193,
para. 186.
258
See Case of the Moiwana Community, supra note 4, para. 146; Case of the Serrano Cruz Sisters.
supra note , para. 61, and Case of the 19 Tradesmen, supra note 193, para. 112.
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