13
points regarding the investigations17 and they considered that no progress was made
as to the association of new members of the Police, the Army or the Navy who were
identified at the places mentioned in the massacre (at the airports of Urabá and San
José de Guaviare and Barrancón) and at the squads that officially existed. As to the
order to formally join two paramilitary officers, perpetrators of the massacre, who
acknowledged the facts and requested a “plea bargain”, they requested the State to
look for the best way to speed up the proceedings and noted that it is still pending
the resolution of the legal situation of other paramilitary officers who were associated
with the investigation as well as of those who were declared defendant not present in
this proceeding and also, of the compliance with the arrest warrants. In addition,
they expressed their concern about the demobilization of paramilitary officers,
inasmuch as they also felt concern over the absence of guarantees during the
proceeding and requested protection of their lives and close relatives in order to
freely confess. They pointed out that between 1600 and 1800 demobilized
paramilitary officers were murdered, facts that have not been investigated.
29.
That the Commission, moreover, expressed its concern about the delay in the
investigations due to the replacement of the prosecutor that took up the case; the
lack of appointment of a special public prosecutor for the case; the delay in the
compliance with the commitment made within the framework of the M.O.S. by the
Attorney General's Office in order to prepare a work plan; the shift of the burden to
further the proceedings to the representatives of the victims' next-of-kin and the
lack of reference made by the State to the progress in the proceedings against some
of the instigators. At the hearing, the Commission stated that it valued the progress
made in the investigation; and it expressed its concern about the fact that the
proceedings do not include the total number or "at least, a significant number" of the
instigators or perpetrators of the facts. In the last comments, the Commission
emphasized that the State has not informed on the line of investigation completed in
order to associate other members of the law enforcement personnel with the
investigation.
30.
That, upon the delivery of the Judgment, the Court noted the partial results
obtained in the criminal proceedings so far and considered that there was a situation
of impunity surrounding the case and also, lack of effectiveness in the criminal
proceedings, which was shown in two aspects: Most of the responsable have not
been associated with the investigations, nor identified or prosecuted; and the
paramilitary officers who were prosecuted and convicted “in absentia” had benefited
from the ineffectiveness of the execution of the punishment imposed. In this way,
Colombia must: a) remove all de facto and de jure obstacles that maintain impunity;
b) use all available means to expedite the investigation and the judicial proceeding;
and c) provide security guarantees to the victims, investigators, witnesses, human
rights advocates, court employees, public prosecutors and other participants in the
judicial process, as well as former and current inhabitants of Mapiripán.18
31.
That the Court values the initial progress made, within the framework of the
M.O.S., in order to create communication channels and the specific commitments in
17
They mentioned that after the delivery of the Judgment of the Inter-American Court, the Nine
Criminal Court of the Specialized Circuit of Bogotá issued a ruling on November 28, 2007, by which the
only person that informed on the facts was convicted. This decision was appealed by the plaintiff, the
Solicitor General’s Office and the Attorney General’s Office, but the appeal has not been resolved yet.
Furthermore, a complaint for breach of public duty was filed against the judge that presides that court. In
addition, they referred to the decision of the Tribunal that upheld the judgment against the then
commander of the 2nd Mobile Brigade and other two former military officers, and the appeal for annulment
filed against such decision, which is pending resolution at the criminal chamber; as well as other two
proceedings against military officers.
18
Cf. Case of the “Maripirán Massacre” V. Colombia, supra nota 8, paras. 240 and 295 to 299.