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of the interested parties, by all available legal means and designed to determine the
truth. In addition, depending on the right that is in danger or alleged to have been
violated, such as the right to life in this case, the investigation must endeavor to
ensure the pursuit, capture, prosecution and eventual punishment of all the authors of
the facts, especially when State agents are or may be involved.176
118. In complex cases, the obligation to investigate includes the duty to direct the
efforts of the apparatus of the State to clarify the structures that allowed these
violations, the reasons for them, the causes, the beneficiaries and the consequences,
and not merely to discover, prosecute and, if applicable, punish the direct
perpetrators. In other words, the protection of human rights should be one of the
central purposes that determine how the State acts in any type of investigation. Thus,
determination of the perpetrators of Senator Cepeda’s extrajudicial execution will only
be effective if it is carried out based on an overall view of the facts that takes into
account the background and context in which they occurred and that seeks to reveal
the participation structure.
119. As part of the obligation to investigate extrajudicial executions such as the one
perpetrated in the instant case, the State authorities must determine, by due process
of law, the patterns of collaborative action and all the individuals who took part in the
said violations in different ways, together with their corresponding responsibilities.177
It is not sufficient to be aware of the scene and material circumstances of the crime;
rather it is essential to analyze the awareness of the power structures that allowed,
designed and executed it, both intellectually and directly, as well as the interested
persons or groups and those who benefited from the crime (beneficiaries). This, in
turn, can lead to the generation of theories and lines of investigation, the examination
of classified or confidential documents and of the scene of the crime, witnesses, and
other probative elements, but without trusting entirely in the effectiveness of technical
mechanisms such as these to dismantle the complexity of the crime, since they may
not be sufficient. Hence, it is not a question of examining the crime in isolation, but
rather of inserting it in a context that will provide the necessary elements to
understand its operational structure.
120. In this regard, expert witness Michael Reed indicated that the investigation of
crimes such as that of Senator Cepeda should take into account all the evidence from
other proceedings that allows patterns to be revealed; hence this execution should be
related to other similar cases, such as the threats, harassment and murder of other UP
leaders, representatives and even presidential candidates.178
121. Similarly, in 2004, the office of the Attorney General of the Republic stated that,
owing to the specific characteristics of the case, an appropriate investigation into
Senator Cepeda’s execution would require, “the maximum investigative and deductive
efforts in order to harmonize each and every piece of evidence within the context of
the circumstances at the time.” He added that:
176
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra note 136, para. 143; Case of González et al.
(“Campo Algodonero”) v. Mexico, supra note 15, para. 290, and Case of Valle Jaramillo et al. v. Colombia, supra
note 16, para. 101.
177
Cf. Case of the “Mapiripán Massacre” v. Colombia. Merits, reparations and costs, supra note 22, para. 219;
Case of González et al. (“Campo Algodonero”) v. Mexico, supra note 15, para. 454, and Case of Valle Jaramillo et al.
v. Colombia, supra note 16, para. 101.
178
Cf. statement made by Michael Reed Hurtado at the public hearing held before the Inter-American Court
on January 26, 2010.
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