85
293. It must be noted, under the same reasoning, that the grant of legal benefits to
members of illegal armed groups (as established in Decree No. 128 of 2003) who claim not
to have been involved in the complex structure of serious human rights violations requires
the utmost due diligence to verify that the beneficiary did actually not participate in the
structure responsible for the commission of such crimes.
294. This Court has consistently found inadmissible all amnesty provisions, provisions on
prescription and the establishment of measures designed to eliminate responsibility,
because these provisions and measures are intended to prevent the investigation and
punishment of those responsible for serious human rights violations, such as torture,
extrajudicial, summary or arbitrary execution and forced disappearance. Such violations are
prohibited because they violate non-derogable rights recognized by international human
rights law.266
295. In the light of the foregoing considerations, the State must, within a reasonable
time, and taking into account this Judgment’s paragraphs 151 to 198, effectively conduct
both current and future criminal proceedings and adopt all such measures necessary to
clarify the events in this case in order to identify those responsible for the violations. The
findings in such proceedings shall be publicized by the State in such a way as to enable the
Colombian society to know the truth regarding the events of the Rochela Massacre.
b)
Protection of judicial officials, witnesses, victims and their next of kin
296. The Court finds it especially important to emphasize that the events analyzed in this
Judgment demonstrate the danger which judiciary officials confront due to the nature of
their work. The present case represents an extreme example of crimes committed in order
to impede both the fulfillment of their functions and their attempts to end impunity.
297. In order to prevent the repetition of these events, the Court considers it important
that the State provide its judicial officers, prosecutors, investigators and other justice
officials with recourse to an adequate security and protection system that takes into account
the circumstances of the cases under their jurisdiction and their places of work so that they
may perform their duties with due diligence. Furthermore, the State must ensure effective
protection of witnesses, victims and relatives in cases of serious human rights violations,
particularly and immediately with regard to the investigation of the events in this case.
c)
Medical and Psychological Assistance
298. According to the affidavits267 and the expert report268 rendered in these proceedings,
the events in this case have caused physical and psychological suffering to the next of kin of
266
Cf. Case of Barrios Altos, supra note 201, para. 41. See also, cf. Case of La Cantuta, supra note 8, para.
152; Case of Almonacid Arellano et al., supra note 16, para. 112; and Case of the Ituango Massacres, supra note
15, para. 402.
267
Cf. affidavits offered by Esperanza Uribe Mantilla, Elvia Ferreira Useche, Luz Mireya Morales Cepeda, Erika
Esmeralda Vargas Herrera, Nubia Vesga Fonseca, Luz Nelly Carvajal Londoño, Luz Marina Poveda León, Paola
Martínez Ortiz, Alonso Castillo Mayoral, Sandra Paola Morales Bóveda, Sócrates Vesálio Guasca Castro, María
Carmenza Morales Cepeda, Myriam Stella Morales Caro and Alfonso Morales Cárdenas (record of witness
statements and expert reports, pages 7234 to 7237; 7223 to 7225; 7241 and 7242; 7227 to 7228; 7120 to 7124;
7310 to 7312; 6997 to 7000; 7012 to 7016; 7019 to 7030; 7003 to 7006; 7446 and 7447; 7439 to 7441; 7428
and 7429; and 7453 and 7454, respectively); and testimony offered by Arturo Salgado Garzón, Alejandra María
Beltrán Uribe and Virgilio Alfonso Hernández Castellanos in the public hearing before the Inter-American Court held
January 31 and February 1, 2007.
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