5
The States Parties to the Convention must ensure compliance with its
conventional provisions and their inherent effects (effet utile) within their respective
domestic legal systems. This principle applies not only in connection with the
substantive provisions of human rights treaties (i.e. those dealing with the protected
rights) but also in connection with procedural rules, such as the ones concerning
compliance with the decisions of the Court. Such obligations are intended to be
interpreted and enforced in a manner such that the protected guarantee is truly
practical and effective, taking into account the special nature of human rights
treaties4.
6.
Those States Parties to the American Convention that have accepted the
contentious jurisdiction of the Court are under a duty to fulfill the obligations set by
the Tribunal. This obligation includes the State’s duty to report on the measures
adopted to comply with such decisions of the Court. Timely fulfillment of the State’s
obligation to report to the Court on the exact manner in which it is complying with
each of the aspects ordered by the latter is essential to evaluate the whole status of
compliance in this case5.
A) On the duty to conduct the domestic investigations that are underway
effectively and, if applicable, those opened in future to identify, prosecute and,
when applicable, punish all those responsible for the extrajudicial execution of
Senator Manuel Cepeda Vargas (operative paragraph eight of the Judgment)
7.
The State made reference to several investigation procedures: it reiterated
that, by the time the Court delivered the Judgment, the State was already aware of
the fact that on October 14, 2009, a former Director of the DAS (Security
Administrative Department) was implicated in the proceeding by means of an inquiry
and in addition, on May 17, 2011, he was sentenced to preventive detention without
the benefit of being released on bail for his alleged participation as instigator of the
crime of murder. It also recalled what it informed before the delivery of the Judgment,
as to the fact that on April 13, 2010, the investigation in favor of Edilson Jimenez
Ramirez, a.k.a. "El Ñato", was precluded given that his death was proven. Moreover,
the State informed that on May 3, 2010, the implication of another person in the
proceeding was ordered, to whom one of the weapons used in the crime was allocated
and on August 24, 2010, that person was sentenced to preventive detention. Likewise,
the State informed that “[…] the Solicitor General's Office had ordered several
proceedings in order to shed light on the existence of a "plan" intended to
systematically murder the members of the UP, including Manuel Cepeda Vargas, as
well as the alleged participation or conspiracy of civil and military authorities or state
intelligence services.”
8.
The representatives indicated that they positively valued the decision made by
the Solicitor General by which a high-ranking civil authority was implicated in the
proceeding as alleged perpetrator of the murder of Senator Cepeda Vargas. However,
4
See Case of Ivcher Bronstein. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Case of the Girls Yean and Bosico V. Dominican Republic, supra note 1, considering clause six.
5
See Case of Barrios Altos V. Peru. Monitoring Compliance with Judgment. Order of the Court of
September 22, 2005; considering clause seven and Case of "Las Dos Erres" Massacre V. Guatemala.
Monitoring Compliance with the Judgment Order of the Court of July 6, 2011, Considering clause six.
3