56
to justice. Even though there have been some investigations and convictions, impunity
remains in this case, to the extent that the entire truth about the events has not been
determined and all those responsible for the events have not been identified. The Court
must observe, as it has in other cases concerning Colombia,186 that the events that are the
subject of this Judgment form part of a situation in which a high level of impunity exists for
criminal acts perpetrated by paramilitary forces with the acquiescence, collaboration and
support of members of the security forces. If the illegal actions of these groups are not
adequately addressed by the judiciary, in a manner faithful to the international
commitments of the State, fertile ground is created such that these state-supported groups
which operate illegally may continue to commit acts like those of the present case.
179. Based on all the above findings, the Tribunal concludes that the criminal proceedings
in relation to the events of the Rochela Massacre have not been conducted within a
reasonable time and have not constituted an effective recourse to ensure the rights to
judicial access, the determination of the truth of the events, and reparation for the alleged
victims and their next of kin.
*
*
*
180. In the proceedings before the Court, the parties have submitted allegations,
information, and documentation with regard to Law 975 of 2005 known as the “Justice and
Peace Law,”187 which forms part of the normative framework for the demobilization process
of paramilitary groups,188 reinsertion, and the granting of penal benefits. The parties have
also submitted allegations, information and documentation with regard to other pieces of
this normative framework, such as Decree 128 of 2003.
181. On January 22, 2003, the Government adopted Decree 128 of 2003 in order to
regulate the implementation of Law 418 of 1997.189 This decree established socio-economic
and other benefits for those individuals who demobilized. Article 13 established “juridical
benefits” and stipulated that, “pursuant to the law, those who formed part of illegal armed
organizations who demobilize will have the right to a pardon, conditional suspension of the
execution of sentence, cessation of proceedings, preclusion of the investigation, or a writ of
186
Cf. Case of the Ituango Massacres, supra note 15, para. 324; Case of the Pueblo Bello Massacre, supra
note 12, para. 149; and Case of the Mapiripán Massacre, supra note 12, para. 235.
187
Cf. Law 975 of 2005 of July 25, 2005, “by which dispositions for the reincorporation of organized illegal
armed groups are dictated. These dispositions effectively contribute to the attainment of national peace. Other
dispositions are dictated with regard to humanitarian accords” (record of evidences to the brief containing
pleadings and motions, volume VIII, evidence 77(1), pages 3868 to 3886); and the Commission’s application,
paragraph 85 (record of the merits and possible reparations and costs, volume I, page 28).
188
In August 2002, several leaders of the United Self-Defense Forces of Colombia [Autodefensas Unidas de
Colombia] (hereinafter “the AUC”) publicly announced their intention to negotiate terms for the demobilization of
their forces. At that time, when negotiations commenced, the procedures for the demobilization of illegal armed
forces were regulated by Law 418 of 1997 (which included several dispositions for reconciliation, judicial
effectiveness, and other dispositions). This Law was extended by Law 548 of 1999 and Law 782 of 2002. Cf. Case
of the Ituango Massacres. Judgment of July 1, 2006. Series C No. 148, para. 125.14 and 125.16; and Case of the
Pueblo Bello Massacres. Judgment of January 31, 2006. Series C No. 140, para. 95.18.
189
In 2003, an action was filed before the Council of State to invalidate several provisions of Decree 128 of
2003. This action has not yet been resolved and, according to a certification issued by the Secretariat of the First
Division of the Administrative Law Chamber of the Council of State [Secretario de la Sección Primera de la Sala de
lo Contencioso Administrativo del Consejo de Estado], it is “awaiting a ruling.” (record of evidences to the State’s
written closing arguments, volume II, evidence 1B, page 7976.
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