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prosecuted for crimes that involve serious human rights by unduly applying legal
mechanisms that undermine the pertinent international obligations. Consequently, the
application of mechanisms such as extradition should not become a device that
promotes, procures or ensures impunity.242 Accordingly, the State authorities must
ensure that considerations relating to the attribution of serious human rights violations
prevail in decisions concerning the application of these procedural mechanisms to
anyone.243 It is opportune to observe that, following the said extraditions, this principle
has been taken into account by the Criminal Cassation Chamber of the Supreme Court
of Justice of Colombia in relation to a request for the extradition of a paramilitary in
another case.244 In any case, the State is obliged to adopt the necessary measures to
ensure that those involved in serious human rights violations, or who could possess
relevant information in that regard, appear before the courts, or collaborate with them,
when required.
*
*
*
167. In short, despite the progress indicated in the preceding paragraphs, the Court
considers that impunity prevails in the instant case, because the domestic procedures
and proceedings have not been conducted within a reasonable time, and have not
constituted effective remedies to ensure access to justice, to investigate and
eventually punish all those who participated in committing the violations, including the
possible participation of paramilitaries, and to provide integral reparation for the
consequences of the violations. Based on the foregoing findings and on the State’s
partial acknowledgement of responsibility, the Court concludes that the State is
responsible for the violation of Articles 8(1) and 25 of the Convention, in relation to
Article 1(1) thereof, to the detriment of Senator Manuel Cepeda Vargas and his next of
kin.
IV.5
RIGHTS TO THE PROTECTION OF HONOR AND DIGNITY, FREEDOM OF
THOUGHT AND EXPRESSION, FREEDOM OF ASSOCIATION AND POLITICAL
RIGHTS,
(ARTICLES 11, 13(1), 16 AND 23 IN RELATION TO ARTICLE 1(1) OF THE AMERICAN
CONVENTION)
168. The State acknowledged international responsibility for the violation of political
rights, and the rights to honor and dignity and to freedom of expression (supra para.
13). According to the arguments of the Commission and the representatives, the
dispute concerning the rights enshrined in Articles 13 and 23 of the Convention
subsists with regard to the alleged violation of their social dimension.
242
The Mapiripán Massacre v. Colombia. Monitoring compliance with judgment. Order of the Inter-American
Court of Human Rights of July 8, 2009, considering paragraph 40.
243
Case of the Mapiripán Massacre v. Colombia. Monitoring compliance with judgment, supra note 242,
considering paragraphs 40 and 41.
244
In proceedings No. 30451, the Criminal Cassation Chamber issued a negative opinion on the request for
extradition of a candidate for the benefits established in the Justice and Peace Law, based on the following
arguments: (i) it violated the spirit of Law 975 of 2005; (ii) it ignored the rights of the victims; (iii) it harmed the
functioning the administration of justice in Colombia, and (iv) the crimes for which the individual��s extradition was
requested were less serious than the crimes he was accused of in Colombia.
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