criminal act came to light; 265 d) the characteristics of the remedies available under domestic
law; 266 and e) the context in which the facts occurred. 267 The second element requires the Court
to determine whether the interested parties made the interventions that were reasonably required
of them at the different procedural stages. 268 As for the conduct of the judicial authorities, the
Court has understood that, as the ones in charge of the proceedings, they have the duty to direct
and guide the judicial process so as not to sacrifice justice and due legal process in favor of
formalism. 269 In relation to the fourth element, that is, the effects on the legal situation of the
persons involved in the proceeding, the Court has established that the authorities must act with
the utmost diligence in those cases where the protection of other rights of the parties involved in
the process depends on the duration of the proceedings. 270
267. The Court notes that in the instant case, the domestic authorities conducted investigations
and judicial proceedings in criminal case 88/2002 related to the murder of Mayor María de los
Ángeles Tamés Pérez, in which Daniel García Rodríguez and Reyes Alpízar Ortiz appear as the
alleged perpetrators. The Court confirms that the alleged victims in the case were linked to the
proceedings as soon as they were arrested, on February 25, 2002, in the case of Daniel García
Rodríguez and on October 25, 2002, in the case of Reyes Alpízar Ortiz. Both recovered their
“ambulatory” release on August 23, 2019, the date on which non-custodial precautionary
measures were ordered for them (supra para. 87). However, the criminal proceedings continued
until May 12, 2022, when the first instance conviction was handed down, which was subsequently
appealed (supra para. 79). The Court concludes that more than 20 years have passed -17 of which
the alleged victims have spent in custody, deprived of their liberty - since the beginning of the
proceedings against Daniel García Rodríguez and Reyes Alpízar Ortiz, without a final judicial
decision being reached.
268. In the Court’s opinion, this criminal case did not present any major complexities since it
involved the murder of one person, with two defendants, without a large number of investigative
hypotheses to be exhausted, and with much of the testimonial and expert evidence gathered
during the first months of the investigation.
269. With respect to the second element of the analysis of reasonable time, the Court notes that
the alleged victims did indeed avail themselves of a significant number of remedies in the course
of their defense. All these procedural acts consisted of interventions that were reasonably required
of them at the various procedural stages. On this point, the Court recalls that the use of legal
para. 152; Case of Members and Militants of the Patriotic Union v. Colombia, supra, para. 473; Case of Vargas Areco v.
Paraguay. Merits, reparations and costs. Judgment of September 26, 2006. Series C No. 155, para. 103, and Case of
Villamizar Durán et al. v. Colombia, supra, para. 166.
265
Mutatis mutandis, Case of Heliodoro Portugal v. Panama. Preliminary objections, merits, reparations and costs.
Judgment of August 12, 2008. Series C No. 186, para. 150, and Case of Villamizar Durán et al. v. Colombia, supra, para.
166.
266
Cf. Case of Salvador Chiriboga v. Ecuador. Preliminary objection and merits. Judgment of May 6, 2008. Series C
No. 179, para. 83, and Case of Villamizar Durán et al. v. Colombia, supra, para. 166.
267
Cf. Case of Furlan and Family v. Argentina, para. 156; Case of Villamizar Durán et al. v. Colombia, supra, para.
166, and Case of Members and Militants of the Patriotic Union v. Colombia, supra, para. 473.
268
Cf. Case of Fornerón and Daughter v. Argentina. Merits, reparations and costs. Judgment of April 27, 2012. Series
C No. 242, para. 69; Case of Villamizar Durán et al. v. Colombia, supra, para. 166; Case of Díaz Loreto et al. v. Venezuela.
Preliminary objections, merits, reparations and costs. Judgment of November 19, 2019. Series C No. 392, para. 117; and
Case of Members and Militants of the Patriotic Union v. Colombia, supra, para. 474.
Cf. Case of Myrna Mack Chang v. Guatemala. Merits, reparations and costs. Judgment of November 25, 2003.
Series C No. 101, para. 211; Case of Villamizar Durán et al. v. Colombia, supra, para. 166, and Case of Members and
Militants of the Patriotic Union v. Colombia, supra, para. 475.
269
270
Cf. Case of Valle Jaramillo et al. v. Colombia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 192, para. 155; Case of Furlan and Family v. Argentina, supra, para. 202, and Case of Villamizar Durán et al.
v. Colombia, supra, para. 166.
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