Delegada Disciplinaria para la Defensa de los Derechos Humanos)
ordered the discontinuance of the proceeding.
14.
As for the contentious-administrative proceeding, the
petitioners note that the next-of-kin of Gustavo Villamizar filed an action
for direct reparation against the Ministry of Defense. They note that by
judgment of February 11, 1999, the Contentious-Administrative Court of
Arauca declared the administrative liability of the Nation, Ministry of
Defense, National Army, for the death of Gustavo Villamizar by a
National Army patrol belonging to the “Rebeíz Pizarro” Mechanized
Cavalry Group No. 18 and ordered the payment of damages for moral
injury to five of the alleged victim’s family members. They argue that in
its decision the Administrative Court indicated that “from the evidence in
the order it appears that members of the National Army, on duty and
making use of their official-issue weapons, mercilessly shot at citizen
Gustavo Giraldo Villamizar Durán, last August 11, 1996, as he was
travelling to Puerto Contreras on the highway that leads to
Saravena.…”9
15.
The petitioners allege that the State is responsible for the
violation of the rights to life and humane treatment protected by Articles
4 and 5 of the American Convention in conjunction with Article 1(1) of
the same Convention, to the detriment of Gustavo Villamizar. They also
allege that the lack of an exhaustive judicial clarification of the facts that
are the subject of the claim, and the fact that the criminal investigation
was conducted by the military criminal jurisdiction, constitute a violation
of the right to judicial protection established at Article 25 of the
American Convention in connection with the generic obligation to ensure
respect for the rights enshrined in the Convention, guaranteed at Article
1(1).
16.
As regards compliance with the requirement of prior
exhaustion of domestic remedies, set forth at Article 46(1)(a) of the
American Convention, the petitioners allege that the exception provided
for at Article 46(2)(a) applies considering that the criminal investigation
into the death of Gustavo Villamizar was carried out by the military
criminal courts. They allege that the military criminal justice system has
a limited jurisdiction that is circumscribed to service-related acts and
military discipline and is not suitable for investigating, prosecuting, and
punishing those responsible for human rights violations.
9 The petitioners make reference to the Judgment of direct reparation handed down
on February 11, 1999, by the Contentious-Administrative Court of Arauca. Attached to
the petitioners’ brief of additional information received at the IACHR on May 27, 1999.
6