3
criminal courts] were competent to hear the investigation against Major
General (ret.) Alfonso Vacca Perilla, and [that] the Human Rights Monitoring
Unit had competence to investigate ‘the members of the armed forces, Major
Pinzón, Captain Héctor Alirio Forero Quintero, Jorge Enrique García García,
Second Lieutenant Norberto Baez Baez, First Lieutenant Romero Dumar,
Second Lieutenant Jimy Cortés García, Laureano León Peña and professional
soldier Gonzalo Arias Alturo.’ Consequently[,] procedural unity had been
interrupted.”
Arias Alturo had been “remanded in custody” and,
“investigations continue[d]. The latest resolution [was that] of October 14,
[1997]”; and
e.
Regarding the “setting up of the trust funds in favor of the minors and
the payment of the interest due since July 31 [1997], [...]by mid-December
[1997] the trust fund w[ould] be set up with the capital plus the interest
earned until it was effectively constituted.”
7.
The brief of November 11, 1997, in which the Inter-American Commission on
Human Rights (hereinafter “the Inter-American Commission” or “the Commission”)
presented its comments on the first and second reports of the State (supra third and
sixth having seen paragraphs) and, among other matters, indicated that:
a.
Regarding tracing the next of kin of María del Carmen Santana, the
State should expedite the necessary State resources, because “the judicial
proceedings to [...] determine the identity of the victim under domestic law,
ha[d not] been initiated”;
b.
Regarding the State’s obligation “to return the bodies” of Isidro
Caballero and María del Carmen Santana, it had not taken any steps to locate
the remains of the victims;
c.
Regarding the criminal investigation that was underway, “the military
criminal courts continue[d] to investigate the acts committed by law
enforcement personnel, who had nothing to do with the Services, despite the
ruling of the Constitutional Court, delimiting the scope of the military
jurisdiction.” “Even though [...] Colombia ha[d] expressed its willingness to
punish those responsible [...] within the country [...] it ha[d] not taken any
measure whatever[,...] so that impunity continued in [the case]”;
d.
Regarding the compensation in favor of María Nodelia Parra, the
petitioners, on her behalf, received Banco Ganadero cheque No. A2136596 for
thirty-one million seven hundred and sixty-eight thousand six hundred and
sixty-five Colombian pesos; and
e.
Regarding the trust funds ordered in favor of the minors, to date they
had not been set up and “it [was] hoped that [the Court’s ruling] w[ould] be
complied with in December 1997.”
8.
The third report of the State of January 13, 1998, in which it indicated that it
had taken all the “measures within its means” to identify María del Carmen Santana
and, therefore, her next of kin. With regard to the criminal investigation, it stated
that “it [was] in contact with the competent authorities, in order to evaluate whether
the investigation that was referred to the military criminal justice system should be
transferred once again.” In relation to the obligation to return the bodies of the
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