12
Judicature, and such offices have carried out several activities.14 During the hearing,
the State repeated what it mentioned before, in particular that 30 people were joined
to the proceedings, 18 were accused and 13 were convicted and it also emphasized
the progress made during the year 200815. Furthermore, the State mentioned that
the Office of Public Prosecutors has carried out several activities related to the
instant case.16 Regarding the lack of orders to formally join state agents to the
proceedings, as alleged by the representative (infra Considering clauses 28), the
State insisted that it does not want for any of the responsible to elude justice, but it
is neither interested in giving rise to the expectation that hundreds of military
officers participated in this massacre and shall be prosecuted. In its last report, it
mentioned that the association of other law enforcement members "is a line of
investigation that it is constantly dealt with", but that "up to the date, there is no
sufficient evidence to allow analyzing such aspects in depth". Furthermore, it
mentioned that by the application of the Justice and Peace Act [Ley de Justicia y
Paz], some of the demobilized officers have referred, in their preliminary interviews,
to the Mapiripán Massacre, information that is useful to address other lines of
investigation within the proceeding conducted at the Human Rights Unit and at the
end of the proceeding in order to establish the way the facts occurred and determine
other alleged responsible. Lastly, in relation to the death of the demobilized
paramilitary officers, the State pointed out that there are sufficient protection plans
and programs, but that none of the paramilitary officers associated with this
obligation has expressed fear for his safety or asked for protection.
28.
That the representatives confirmed the meetings held within the framework of
the M.O.S., but they emphasized the delay of the Attorney General’s Office in
informing on the work plan and the status of the investigations. They claimed that
most of the proceedings have been expedited by the plaintiff and they also
expressed their concern about the changes of prosecutors, though they
acknowledged the work done by the Attorney General's Office. They also criticized
that, after ten years of the beginning of the investigation, the State has not taken
specific actions to identify and associate all the responsible, specially the highranking military officers mentioned in the Judgment of the Court, in spite of the fact
that the paramilitary officers named, at the hearings of Justice and Peace, several
officers of the National Army as co-perpetrators. The State has failed to comply with
the duty to investigate, within a reasonable time, and to publish the results of the
investigation. During the hearing, they acknowledged the progress made by the
Human Rights Unit, given the fact that several paramilitary officers were joined to
this proceeding (simultaneously with the application of the Justice and Peace Act),
Messr. Salvatore Mancusso in particular They specifically referred to four critical
14
The State mentioned the following progress made: Creation of a criminal court in Bogotá so that
the Judge of the Specialized Circuit "is able to exclusively take up the case of the Mapiripán Massacre";
condemnatory judgment delivered by the Third Criminal Court of the Specialized Circuit against three
persons for the crime of aggravated murder, kidnapping with extortion, conspiracy to commit crime and
terrorism; the order to formally join eight people to the criminal proceedings; the condemnatory judgment
against Hernán Orozco for aggravated murder and kidnapping and of Jaime H. Uscátegui for forgery of
public document, as well as the appeal filed by the Attorney General’s Office regarding the last judgment ,
the accusation for several crimes against Salvatore Mancusso and another alleged paramilitary.
15
Furthermore, alleged former paramilitary officers have been associated with the investigation and
arrest warrants have been issued against them; the legal situation of two paramilitary officers was
defined, who opted for "plea bargain"; the accusation against Salvatore Mancuso was solved and two
condemnatory judgments against three former paramilitary officers were delivered, in which they were
sentenced to serve a period of forty years imprisonment.
16
Namely: 42 testimonies, 3 judicial inspections, requests of photo file, 42 commissions sent to the
area, 3 judicial inspections of other court files.