22
60.
As to the responsibility that could fall to the individuals who have been named
in the testimony reported above, the Court cannot express any opinion because that
is the responsibility of the Colombian authorities. This Tribunal has held:
[a]s far as concerns the human rights protected by the Convention, the jurisdiction of
the organs established thereunder refers exclusively to international responsibility of
states and not to that of individuals. (International Responsibility for the Promulgation
and Enforcement of Laws in Violation of the Convention (Arts. 1 and 2 of the American
Convention on Human Rights), Advisory Opinion OC-14/94 of December 9, 1994. Series
A No. 14, para. 56.)
VIII
61.
With respect to the violation of other provisions of the Convention which have
been imputed to Colombia, this Court determines the following.
62.
The Commission alleges that Colombia has violated Article 2 of the
Convention. However, this Court does not find that Colombia lacks the legislative or
other measures necessary to give effect to the rights and freedoms ensured by the
Convention. Consequently, there is no violation of Article 2.
63.
Whereas Colombia's responsibility for the illegal detention and presumed
death of Isidro Caballero-Delgado and María del Carmen Santana has been
established, violations of their rights to personal liberty and to life, as ensured by
Articles 7 and 4 of the Convention, are attributable to Colombia.
64.
Given the short time that transpired between the capture of the persons
named in this case and their presumed death, the Court holds that there was no
opportunity for the application of the judicial guarantees contained in Article 8 of the
Convention and that, as a result, there is no violation of that Article.
65.
Nor does the Court hold that Colombia has violated the right to humane
treatment ensured by Article 5 of the Convention, since, in its judgment, there is
insufficient proof that those detained were tortured or subjected to inhumane
treatment.
66.
As to Article 25 of the Convention, which concerns judicial protection, the
Court determines that this Article was not violated inasmuch as the writ of habeas
corpus filed on behalf of Isidro Caballero-Delgado by María Nodelia Parra-Rodríguez
was processed by the First Superior Judge of Bucaramanga. The fact that this
remedy was not successful, because the Commander of the Fifth Brigade of
Bucaramanga, the Director of the Model Prison of Bucaramanga, DAS, and the
Judicial Police answered that Isidro Caballero-Delgado was not to be found in those
places, does not constitute a violation of the guarantee of judicial protection.
67.
In its final pleading, the Commission requested that the Court
declare that based on the principle of pacta sunt servanda in accordance with
Article 26 of the Vienna Convention on the Law of Treaties, the Government
has violated Articles 51(2) and 44 of the American Convention read in