5
considerable number of families, tearing apart the fabric of the community and caring bonds that had
been forged across the rural setting of the village. The petitioners maintained that the victims’ and
family members’ right to humane treatment was infringed as a result of the overt involvement of the
State in criminal actions along side the paramilitary structures, the ineffectiveness of criminal
investigations and the failure to punish those responsible. They also claimed that accusing the victims of
being members of the guerrilla forces as justification of the actions of paramilitary by chief Ramón Isaza,
causes pain and suffering for the family members of the victims.
22.
As for the right to a fair trail and judicial protection, the petitioners alleged that the
State has breached its duty to establish the truth about these incidents by investigating the violations
committed, identifying and punishing all those responsible and providing reparation to the family
members of the victims. They contended that the criminal proceeding fails to abide by the due process
guarantee of a reasonable period of time, arguing that even though the crimes were reported in a timely
fashion, the investigation was not formally opened until May 2, 2000. They also noted that only two
individuals have been tried and, as yet, have not been criminally punished. They claimed that despite
evidence proving involvement of the Magdalena Medio Self-Defense Forces in these crimes and
collusion of members of the Armed Forces in the planning and execution thereof, no serious and
thorough investigation into these schemes of collusion between the Self-Defense Forces of Magdalena
Medio and the Armed Forces have been conducted.
23.
The petitioners further contended that in the instant case there has been a string of
shortcomings, failures and irregularities, such as the fact that much of the evidence collected linking
members of the military forces to the crimes was not handed over to the Office of the Attorney General;
many pieces of evidence requested by the attorneys for the vicitms’ families, as civil third parties to the
case, and ordered by the Office of the Prosecuting Attorney aimed at proving the link between the
Military Forces and the members of the paramilitary group in Magdalena Medio, were not collected; the
criminal case was reassigned to four different prosecutors, thus disrupting continuity in the
investigation; there were long periods of inactivity; and an investigation was opened into the crimes of
simple abduction and homicide instead of the crime of forced disappearance.
24.
With regard to the investigation of paramilitary leader Ramón Isaza, the petitioners
noted that an arrest warrant was issued for him in May 2000, almost four years after the events took
place. They contended that even though statements had been made to the media prior to that date,
the State did not take any measures to apprehend him and that as of the present time, the proceedings
have not reached the trial stage. The petitioners asserted that Ramón Isaza demobilized on February 7,
2006, under the State-instituted peace process and, consequently, the criminal investigation was
transferred from the ordinary civilian justice system to the special jurisdiction known as the “Justice and
Peace” courts. They claimed that sentences in this jurisdiction are very lenient. They also contended
that even though the statements of Ramón Isaza implicate members of the Self-Defense Forces of
Magdalena Medio for colluding with agents of the Armed Forces, including an Army commanding officer
handing over an alleged list to a member of the Self-Defense Forces of Magdalena Medio, none of these
statements, which were given in the context of the Justice and Peace Law have been accurately and fully
clarified. Consequently, the petitioners argued that in the absence of a clear, serious and complete
confession, it is unacceptable that Ramón Isaza is enjoying legal benefits under Law 975 of 2005.
25.
As to the investigation of Major Guzmán, the petitioners argued that it was established
during the first stages of the investigation that he is criminally responsible inasmuch as he was the
Commanding Officer of the FTA at the time of the events at issue. Nonetheless, they contended, he