officer (retired General); (iii) an order was issued to obtain six statements, one of which
was apparently received, while the Court has not been informed of the receipt of the others;
(iv) an order was issued to conduct inquiries to locate witnesses or persons possibly
involved in the facts of instant case, regarding which the Court received no information after
the instructions were issued in July 2011 or regarding the results obtained after these
inquiries, and (v) an order was issued to notify the head of the National Unit for Justice and
Peace to report on whether demobilized persons had provided information on the facts of
this case, without the Court being informed on whether this information had in fact been
requested and the results. In this regard, the Court reiterated that the State’s obligation to
comply with the Court’s decisions includes the obligation to provide it with sufficient
information in order to assess effective compliance with the measures of reparation ordered
in the Judgment (supra considering paragraph 7).
15.
This Court takes cognizance of the proceedings carried out by the State and
appreciates the fact that after the Judgment was issued, the State took the important step
of transferring the investigation to the ordinary jurisdiction,12 bearing in mind one of the
violations of due process and judicial protection declared in the Judgment (supra
considering paragraph 12). Nevertheless, it notes that, according to the information
provided by the State itself, twenty-four years and nine months after the events, and nearly
eight years after notification of the Judgment, the process remains at the investigative
stage and no significant progress has been reported to the Court. In particular, the Court
points out that no member of the security forces has been prosecuted for the violations
committed against the 19 victims, even though the Court considered proven that in this
case “the ‘paramilitaries’ had the support of senior military leaders in the activities
preceding the detention of the victims and when they committed the crimes against the
latter.”13 The Court recalss that in its Judgment it ordered Colombia to investigate effectively
the facts of this case, in order to identify, prosecute and punish all the perpetrators and
masterminds responsible for the violations committed to the detriment of 19 tradesmen, for
the criminal and any other effects that may result from the investigation of the facts”. In
particular, the Court emphasized that the “competent ordinary criminal courts must
investigate and punish the members of the security forces who took part in the actions.”14
16.
Likewise, according to the information provided by the parties during the monitoring
compliance stage, the Court confirms that no other criminal proceeding or trial has been
initiated against other alleged perpetrators of the acts, other than the five civilians who had
already been convicted at the time the Judgment was issued (supra considering paragraph
13). Therefore, the Court considers that the State must continue to investigate the matter
with the utmost due diligence in order to identify all those responsible, both perpetrators
and masterminds, for the violations committed against the 19 victims. As noted previously,
the Court considers it important to stress that a trial that is carried to conclusion and fulfills
its purpose is the clearest sign of the lack of tolerance of human rights violations, since it
12
On March 6, 2008, the Appeals Chamber of the Supreme Court of Justice issued a decision regarding the
appeal by the Attorney General 24 Criminal Court II, wherein it decided to: (i) declare the actions of the military
criminal justice system invalid in the criminal proceedings against members of the public security force related to
facts of instant case, in particular, the decisions of 1997 and 1998 wherein orders were issued and confirmed on
cessation acts of the proceeding against four former military officials, as well as (ii) submitting the case to the
National Human Rights Unit and the International Humanitarian Law Unit of the Attorney General’s Office, for
continuation with investigations. Cf. Case of 19 Tradesmen V. Colombia. Monitoring Compliance. Order of the Court
of July 8, 2009, Considering paragraph 14.
13
Case of the 19 Tradesmen v. Colombia. Merits, Reparations and Costs, para. 86.b.
14
Case of the 19 Tradesmen v. Colombia. Merits, Reparations and Costs, para. 263.
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