216.
As regards the conduct of the authorities, the Commission notes that they committed a series
of omissions, as was clear, for example, from the failure to include Noel Emiro Omeara as a victim without any
justification, which stalled the investigation of the attack on him for several years; the failure to take
immediate steps to find Manuel Guillermo Omeara Miraval, contributing to his defenselessness and
facilitating his subsequent execution; and the absence of protection measures for Héctor Álvarez given the
gravity of his statements in the investigation of the events that befell Manuel Guillermo Omeara, thereby
enabling the attack against him. Furthermore, the Commission notes that although there are connected
elements in the two investigations, aside from a number of isolated inspections, the State has not provided
any information to demonstrate that the investigations were adequately linked.
217.
The Commission has also been unable to assess the progress of the investigation as it has not
had access to the record of the domestic proceedings. However, it notes from the information supplied by the
State that there were significant bouts of inactivity. Thus, in the investigation connected with Mr. Omera
Carrascal, the Commission sees that after 2010 the State reported no further procedures until 2014; in the
investigation concerning the disappearance and subsequent execution of Guillermo Omeara there was a
significant period of inactivity between 2000 and 2007, and there is no information of any significant
procedural steps since 2010; in the investigation of the attack on Héctor Álvarez the Commission has no
information about significant procedural measures between 2010 and 2014, when a voluntary deposition
was reportedly taken.
218.
Finally, as regards the conduct of the family, the Commission finds that they took several
steps to contribute to the investigation. Indeed, as has been noted, the violence against Guillermo Omeara
Miraval and Héctor Álvarez has apparently been confirmed as the result of their interest in elucidating the
facts. There is nothing in the record to suggest any procedural steps by the family that might have impaired
the course of the investigations.
f.
Conclusion
219.
Following its analysis of each of the proceedings and investigations in connection with the
victims in the case, the Commission considers that the failure adequately to link them has impeded
clarification of the facts and identification of those responsible. The Commission finds that notwithstanding
serious circumstantial evidence of responsibility of State agents and members of paramilitary groups, the
State has not managed to demonstrate that it has investigated that evidence in a meaningful, timely, and
thorough manner. Furthermore, despite the fact that some of those allegedly responsible have been
individually named in statements given by members of paramilitary groups, as a consequence of the State's
delays, some of the alleged perpetrators have since died and, though more than 20 years have passed since
the events occurred, so far, the truth about the motives and circumstances in which the acts of violence were
ordered and, as applicable, coordinated with agents of the state remains unknown.
220.
The Commission notes that the lack of due diligence in the investigations has also
contributed to the impunity of the culprits, who through the ensuing acts of violence against Manuel
Guillermo Omeara and Héctor Álvarez would appear to have made sure of evading their responsibility while
also impeding proof of the links that existed between members of the state security forces and illegal armed
groups at the time of the events.
221.
The aforesaid situation has also prevented the truth of what happened from coming to light.
The Inter-American Court has made clear its position on the right of victims or their relatives to know what
happened and has found that the right to the truth is subsumed in the right of the victim or his next of kin to
obtain clarification of the events that violated human rights and the corresponding responsibilities from the
competent organs of the State, through the investigation and prosecution that are established in Articles 8
and 25 of the Convention.248 The right to the truth [...] constitutes an important means of reparation for
victims and their next of kin and creates an expectation that the State must fulfill.249
248 I/A Court H.R. Barrios Altos Case. Judgment of March 14, 2001. Series C No. 75, par. 48. Case of Bámaca Velásquez Judgment
of November 25, 2000. Series C No. 70, para. 201. Case of Blanco Romero et al. Judgment of November 28, 2005. Series C No. 138, par. 62;
[continues …]
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