43 a) Obligation to investigate the facts that amounted to the violations of the case at hand, and to identify, prosecute and punish those responsible 160. The Commission pointed out that "given the particular [...] seriousness of the human rights violations occurred in the present case, a complete reparation requires the State investigates with due diligence the facts, in order to identify, prosecute and punish the responsible for the detention, torture and execution of Germán Escué Zapata." 161. Furthermore, the representatives requested the Court to “order the Colombian State to use all the means possible to carry out a serious, impartial and effective investigation within a reasonable time, in order to prosecute the responsible […] and punish them in the appropriate form." 162. The State reiterated “its commitment to continue with the criminal proceedings in process in order to punish the responsible for the facts of the case at hand." 163. The Court positively values the State’s will to continue with the criminal proceedings as well as the investigative proceedings carried out recently, which turned out in the prosecution of three militaries as alleged co-perpetrators of “aggravated murder” committed against the victim. Nevertheless and without prejudice to the foregoing, the Tribunal considers that such measure does not imply per se an effective punishment of the responsible. In addition, as has been mentioned, there are other facts related to said murder which have not been investigated (supra, para. 109). 164. The Court has established in this Judgment that the domestic proceedings initiated in the present case have not constituted effective recourses to guarantee a true access to justice for the victim’s next of kin, within a reasonable time, comprising the enlightening of the facts, the investigation and, when appropriate, the punishment of the responsible and the reparations of the violations. 165. As has been stated by the Court, the State is under a duty to use all means available to fight the situation of impunity surrounding the instant case, as impunity fosters the chronic repetition of human rights violations and the total defenselessness of the victims and their next of kin, who are entitled to learn about truth of the facts.135 Upon being acknowledged and enforced in a specific situation, this right to truth becomes a relevant means for redress.136 Thus, in the instant case, the right to truth creates a fair expectation in the victims that the State is required to satisfy.137 166. Based on the foregoing, as well as the case law of this Tribunal,138 the Court orders the State to carry out effectively the criminal proceedings in process and any future proceedings in order to determine the corresponding responsibilities for the facts of the case and to apply the appropriate legal provisions. Furthermore, Colombia, by means of its 135 Cf. Case of Velásquez-Rodríguez v. Honduras, supra note 18, para. 174; Case of Bueno-Alves v. Argentina, supra note 9, para. 90; Case of Miguel Castro-Castro Prison v. Peru, supra note 17, para. 440. 136 In different testimonies, the victim’s relatives requested the Court to order the State to administer justice, in this way. Cf. Affidavit rendered by Bertha Escué Coicue (records of the merits, Volume III, page 608), affidavit rendered by Mario Pasu (records of the merits, Volume III, page 647), affidavit rendered by Ayénder Escué Zapata (records of the merits, Volume III, page 652), affidavit rendered by Aldemar Escué Zapata (records of the merits, Volume III, page 659) and statement rendered by Myriam Escué Zapata in the public hearing held before the Court on January 29 and 30, 2007. 137 Cf. Case of Castillo-Páez v. Peru, Reparations. Judgment of November 27, 1998. Series C No. 4, para. 90; Case of La Cantuta v. Peru, supra note 8, para. 222; Case of Miguel Castro-Castro Prison v. Peru, supra note 17, para. 440. 138 Cf. Case of Baldeón-García v. Peru, supra note 38, para. 199; Case of La Cantuta v. Peru, supra note 8, para. 228; Case of Miguel Castro-Castro Prison v. Peru, supra note 17, para. 440 and 441.

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