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observing and analyzing all the facts that culminated in the execution, in order to
gauge the scope of the State’s responsibility. 140
104. The Court observes that it appears that the above-mentioned sergeants took
part in other crimes before and after the death of Senator Cepeda Vargas, while they
were in active service with the Army.141 Records show that these sergeants were
investigated for at least three murders in which they allegedly participated together,
the first of these in 1993.142 The State has even recognized that, while they were
deprived of liberty, the sergeants took part in a military operation that resulted in
another disciplinary sanction for them and for a lieutenant colonel, who was
discharged.143 In this regard, the Attorney General’s office indicated that these
sergeants had a record of crimes “in the context of the dirty war.”144 In this respect, it
is worth noting that, even before the Senator’s murder, in the general
recommendations concerning penal and disciplinary matters included in his 1992
report on cases of murder of members of the Patriotic Union and Esperanza, Paz y
Libertad [Hope, Peace and Freedom] parties, the Ombudsman had indicated that “the
office of the Prosecutor General of the Nation should take preliminary measures in the
case of punishable acts that, in principle, presumably involve members of the Army
until, in addition to the functional connection, the relationship of the facts with active
service has been established.”145
105. In addition to the sergeants convicted for the facts of the instant case being on
active service, because they perpetrated Senator Cepeda’s execution while they were
supposedly attending a training course,146 the Court finds that the superior officers of
the two sergeants knew, or at least, should have know that these sergeants had been
investigated for the perpetration of several crimes prior to the execution of Senator
Cepeda Vargas. This resulted in an obligation for the superior officers to adopt
reasonable, specific and effective measures to end the human rights violations
committed by their subordinates, and for the competent authorities to punish those
responsible for these acts.147
140
In this regard, the Attorney General’s office indicated that “[d]uring the proceedings, it was proved that
many people had intervened in the illegal operation that ended Senator Cepeda’s life; some of them belonged to the
Army, and have been sentenced and convicted by the courts, and others were members of the so-called selfdefense groups, and a court ruling on their responsibility is excluded because one of them died a violent death after
executing the crime of murdering the Senator, and a separate investigation is being conducted against another.”
Opinion of the office of the Attorney General of the Republic on the legality of the second instance ruling in relation
to Investigation No. 18,428, supra note 101, folio 1842.
141
Decision issued by the office of the Second District Attorney of Santafé de Bogotá in case No. 143-6444/96
in 1999, supra note 81, folios 1467 and 1476. Also, report of the National Directorate of Prosecution Services of the
office of the Prosecutor General of the Nation of June 11, 2009 (evidence file, tome XXI, helpful evidence presented
by the State, folio 8963) and ruling of sole instance issued by the Vice President of the office of the Attorney
General of the Nation in Investigation No. 002-61126-02 on February 27, 2004 (evidence file, tome X, attachment
164 to the brief with pleadings, motions and evidence, folios 4439 to 4440).
142
Cf. report of the National Directorate of Prosecution Services of the office of the Prosecutor General of the
Nation of June 11, 2009, supra note 141, folio 8963.
143
Cf. ruling of sole instance issued by the Vice President of the office of the Attorney General of the Nation in
Investigation No. 002-61126-02 on February 27, 2004, supra note 141, folios 4439 to 4492.
144
Decision issued by the office of the Second District Attorney of Santafé de Bogotá in case No. 143-6444/96
in 1999, supra note 81, folio 1477.
145
Report of the Ombudsman entitled “Estudio de casos de homicidio de miembros de la Unión Patriótica y
Esperanza, Paz y Libertad,” supra note 76, folio 1293.
146
Cf. Judgment handed down by the Third Criminal Court of the Santafé de Bogotá Specialized Circuit in
Investigation No. 5393-3 on December 16, 1999, supra note 75, folios 1739 and 1447 to 1448.
147
Cf. United Nations, Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and
Summary Executions (1989), principle 19; United Nations, Code of Conduct for Law Enforcement Officials, article 5;
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