47
occasions, the State has imposed administrative and criminal punishments on law
enforcement personnel owing to their connections to “paramilitary” groups.48
86(b) At the time of the facts of this case, the abovementioned “paramilitary” group
that operated in the Magdalena Medio region acted with the collaboration and
support of different military authorities of the battalions in that region. The members
of the “paramilitary” group had the support of the senior military leaders in the
activities preceding the detention of the alleged victims and when they committed
the crimes against the latter.49
86(c) Even though, at the time of the events, law enforcement personnel knew that
the “paramilitary” group operating in the region exercised substantial control over it
and acted against the law, “they let them [gain] advantage and failed to control and
monitor them.”50
87.
With regard to the domestic judicial proceedings
48
Cf. copy of the file before the prosecutor of the National Human Rights Unit in the case against
Jairo Iván Galvis Brochero, Robinson Gutiérrez de la Cruz, Waldo Patiño García and others for the crimes
of “extortive kidnapping, aggravated homicide […]” to the detriment of “Alvaro Lobo Pacheco and 18 other
tradesmen,” file 087-DH (helpful evidence presented by the State on May 26, 2004, requested on the
instructions of the President of the Court - paragraph 68 of the application); copy of the file before the
Cúcuta Regional Court in case No. 1728 against Alonso de Jesús Baquero Agudelo for the crimes of
extortive kidnapping and aggravated homicide to the detriment of “Alvaro Pacheco and 18 other
tradesmen,” “Regional Prosecutor’s File 087-DH” (helpful evidence presented by the State on May 26,
2004, requested on the instructions of the President of the Court - paragraph 68 of the application); and
report of the United Nations Special Rapporteur on summary and arbitrary executions on a visit to
Colombia from October 11 to 20, 1989, E/CN.4/1990/22/Add.1 of January 24, 1990 (file of attachments to
the application, tome II, attachment B9, folios 968 and 991).
49
Cf. judgment delivered by the Criminal Chamber of the Superior Court of the San Gil Judicial
District on October 19, 2001; judgment delivered by el San Gil Specialized Judge on March 23, 2001;
judgment delivered by the Regional Judge of Cúcuta on May 28, 1997 (evidence file presented by the
State on April 18, 2002, requested on the instructions of the President of the Court - paragraph 68 of the
application - tome I, attachments 2, 3 and 4, folios folio 1045, 1142 and 1203); judgment delivered by
the National Court on April 14, 1998; judgment delivered by the Superior Military Court on March 17,
1998 (evidence file presented by the State on April 18, 2002, requested on the instructions of the
President of the Court - paragraph 68 of the application - tome II, attachments 5 and 9, folios 1264,
1276, 1279 and 1465 to 1468); resolution issued by the Human Rights Unit of the Prosecutor General’s
office on May 29, 1996; resolution issued by the Human Rights Unit of the Prosecutor General’s office on
August 8, 1996; resolution issued by the Human Rights Unit of the Prosecutor General’s office on
September 13, 1996 (evidence file provided by the Inter-American Commission during the public hearing
on merits and possible reparations and costs of April 22, 2004, tome II, attachments 45, 47 and 51, folios
2681, 2683, 2710, 2773 and 2775); testimony of Salomón Flórez Contreras given before the Court on
April 21, 2004; testimony of Jorge Corzo Vargas given before the Court on April 21, 2004; Report of the
United Nations Special Rapporteur on summary or arbitrary executions on a visit to Colombia from
October 11 to 20, 1989, E/CN.4/1990/22/Add.1 of January 24, 1990 (file of attachments to the
application, tome II, attachment B9, folios 968 and 992); report of the Administrative Department of
Security (DAS) of March 15, 1989; and report of the Administrative Department of Security (DAS) of
February 13, 1990 entitled “Información adicional sobre la masacre de 19 comerciantes en jurisdicción de
Puerto Boyacá” [Additional information on the massacre of 19 tradesmen in the jurisdiction of Puerto
Boyacá] (file of attachments to the application, tome I, attachments B3 and B4, folios 667 and 688).
50
Cf. judgment delivered by the Military Trial Court on June 18, 1997 (helpful evidence presented
by the State on May 26, 2004, requested on the instructions of the President of the Court - paragraph 68
of the application); and judgment delivered by the Superior Military Court on March 17, 1998 (evidence
file presented by the State on April 18, 2002, requested on the instructions of the President of the Court paragraph 68 of the application - tome II, attachment 9, folios 1425, 1428 and 1429).