21
responsible for the acts and omissions of its agents acting in their official capacity, even
when those agents act outside the scope of their authority.30
68.
The international responsibility of the State results from “the acts or omissions of any
of its bodies or agencies, regardless of their authority, which are in violation of the InterAmerican Convention.”31 For the purpose of establishing that a violation of the rights
enshrined in the Convention has been committed, it is not required, as it is under domestic
criminal law, that the perpetrators’ liability or intent be established. Nor is it required that
the agents to whom such violations are attributed be identified individually.32 Rather, it is
sufficient to prove that public officials have provided support to or shown tolerance for the
violation of rights enshrined by the Convention,33 that their omissions have enabled the
commission of such violations, or that the State has failed to comply with any of its duties.34
*
*
*
69.
The parties have raised several matters in controversy regarding the determination
of State international responsibility for the events in the instant case.
70.
Regarding the events described in the instant case, the State asserted that it has
only acknowledged its responsibility for “the facts which specifically relate to the ‘The
Rochela’ massacre, whereby it “categorically rejects any findings about the ‘context’ [which]
might suggest that ‘paramilitarism’ was a product of a generalized policy of the Colombian
State”. As consequence, the State rejected all evidence that support the allusion of this
context (supra para. 31). Therefore, the State argued that its recognition of responsibility
refers only to “isolated acts” committed by various state agents; “it has been proven that
there was not institutional relationship or dependence between the groups which operated
illegally and various state agents”; and “no official duties were delegated to private
individuals”. Furthermore, Colombia pointed out that “it can no longer be charged with” the
creation of “a special (but legally tolerable) risk situation” derived from the fact that it
issued Decree 3398 of 1965 and Law 48 of 1968, the legal instruments which allowed the
creation of self-defense groups, as it has adopted “measures […] tending to mitigate the
negative consequences of their particularly dangerous activities”.
71.
For its part, the Commission argued that the massacre “did not
vacuum,” but “as consequence of a series of actions and omissions that
before and in a determined social and normative context.” Furthermore,
pointed out that the creation of paramilitary groups was promoted by
take place in a
took place days
the Commission
the State as a
30
Cf. Case of the Pueblo Bello Massacre, supra note 12, para. 111; Case of the Mapiripán Massacre, supra
note 12, para. 108; and Case of the Gómez Paquiyauri Brothers. Judgment of July 8, 2004. Series C No. 110, para.
72.
31
Cf. Case of the Miguel Castro Castro Prison, supra note 8, para. 31; Case of the Pueblo Bello Massacre,
supra note 12, para. 112; and Case of the Mapiripán Massacre, supra note 12, para. 110.
32
Cf. Case of La Cantuta, supra note 8, para. 156; Case of the Pueblo Bello Massacre, supra note 12, para.
112; and Case of the Mapiripán Massacre, supra note 12, para. 110.
33
Cf. Case of the 19 Tradesmen. Judgment of July 5, 2004. Series C No. 109, para. 141. In the same sense,
cf. Case of Cantos. Judgment of November 28, 2002. Series C No. 97, para. 28; and Case of Hilaire, Constantine
and Benjamin et al. Judgment of June 21, 2002. Series C No. 94, para. 66.
34
Cf. Case of Pueblo Bello Massacre, supra note 12, para. 112; Case of the Mapiripán Massacre, supra note
12, para. 110; and Case of the 19 Tradesmen, supra note 33, para. 141.
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