8
22.
That the Commission argued that the State failed to submit thorough information
which “allows to infer the status of compliance [with] the [J]udgment[s] or further details
on the appeal for review of the 1990 acquittal.” Furthermore, it emphasized the passage of
more than eleven years since the issue of the Judgment of reparations and costs, and it
argued that it considered it was necessary that the State adopted measures to remove the
obstacles which keep on delaying the compliance with what has been ordered.
23.
That the Court observes that since the last monitoring Order to date, that is, for
more than 21 months, the State failed to provide information on any important progress of
the investigation started at the Unidad de Derechos Humanos de la Fiscalía General de la
Nación [Human Rights Unit of the National Solicitor General] as to the clarification of the
facts and the eventual ascertainment of criminal liabilities.
24.
That, furthermore, the Court considers that the information submitted by the State
on the activity developed in this investigation is insufficient and does not include further
details on the proceedings effected, such as the date thereof, purpose or results; neither
has it forwarded copies of the main records or any other document which allows the Court
to assess what has been done and the alleged progress indicated in the reports.
25.
That the Court additionally observes that the representatives have pointed out that
there are proceedings which have been ordered one or two years ago by the acting
prosecutor, but they have not yet been performed. Furthermore, the representatives stated
that the procedural progress by the civil party in the domestic process was allegedly
hampered. As to that, the Court remembers that in prior Orders in the instant case, as well
as in its case law, it has stated that the victims next of kin shall have total access and
capacity to act in all the stages and instances of said investigations, in accordance with the
domestic law and the rules of the American Convention.”7
26.
That with regard to the appeal for review, the Court again states that in the instant
case it found a violation against the rights to life and personal liberty, set forth in Articles 4
and 7 of the Convention, in connection with Article 1(1) of said treaty, and that, in
accordance with its case law, the duty to investigate the facts on the part of the State
arises from said violations. On the other hand, the Court considers it is desirable to repeat
what it has stated in prior Orders8 in the sense that:
[…] as set forth in its case law, […] it is inadmissible to appeal to any obstacles of
domestic law by means of which it is expected to prevent the investigation and the
punishment of those responsible for violations against human rights […]. Any
interpretation on the contrary would deny the effective application of the American
Convention provisions in the domestic set of rules of the States Parties, and the
international proceeding would be deprived of one of its main functions, as, instead of
conducting to justice, it would be promoting the impunity of those responsible for such
violations […].
In accordance with the above, Colombia cannot invoke provisions of domestic law,
such as the procedural figure of preclusion of the criminal investigation, in order to
7
Cf. Case of Caballero-Delgado and Santana v. Colombia. Monitoring Compliance with Judgment. Order of
the Inter-American Court of Human Rights of November 27, 2003, Considering Clause No. eleven, and Case of
Caballero-Delgado and Santana v. Colombia, supra note 6, Considering Clause No. four.
8
Case of Caballero-Delgado and Santana, supra note 7, Considering Clauses No. nine and twelve, and Case
of Caballero-Delgado and Santana, supra note 6, Considering Clause No. 24.