-115committed several different crimes, and to different terms of imprisonment (supra para. 95(103)). The judgment was appealed and, on December 30, 1997, the Sentencing Chamber of the Tribunal Nacional confirmed it with some modifications; it was declared final when the Supreme Court of Justice delivered a cassation judgment in March 2001 (supra paras. 95(104) to 95(106)). 182. In its judgment of December 30, 1997, when deciding the appeal filed against the judgment in first instance, the Tribunal Nacional declared that there had been errors in the proceedings up until that time and decreed the partial annulment “concerning [...] the murder of the inhabitants of Pueblo Bello whose bodies have not been identified”; hence, the investigation remained open (supra para. 95(105)). Consequently, impunity reigns as regards the disappearance of the other 37 persons. 183. It is relevant to emphasize the partial impunity that continues in this case, because most of the approximately 60 members of the paramilitary group who took part in the raid on Pueblo Bello have not been investigated, identified or prosecuted. Preventive detention measures and arrest warrants have been issued without any results and, of the six persons convicted, only two are in prison. The State has not provided evidence of any concrete measures designed to capture the suspects or to implement the sentences of those convicted in absentia, or of the specific obstacles encountered. In this regard, the only relevant elements are the official communications from the Prosecutor General’s Office reactivating the arrest warrants (supra para. 95(115)). 184. The Court recognizes that the matters under investigation by the domestic judicial bodies in this case are complex and that, to date, the investigations and the criminal proceedings have produced some concrete results, which, although insufficient, have led to the conviction of several members of the paramilitary group that carried out the massacre (supra paras. 95(103), 95(105) and 95(106)). It is true that the massacre was perpetrated in the context of the internal armed conflict that Colombia is experiencing, involved a large number of victims (who were deprived of life or disappeared), and took place in a remote part of the country, among other factors. However, in this case, the complexity of the matter is related to the flaws that have been verified in the investigation. 185. It has also been proved that one of the next of kin of the disappeared and deprived of live became a civil party to this criminal proceeding and, like ASFADDES, has tried to advance the proceedings on several occasions (supra paras. 95(104), 95(108) to 95(113)). However, as indicated above with regard to the obligatory nature of investigations into this type of facts, it cannot be maintained that the procedural activity of the interested party should be considered determinant in defining the reasonableness of the time of the criminal proceedings in a case such as this one. 186. Moreover, although the cassation judgment of March 8, 2001, produced partial results concerning the deprivation of life of the six persons whose bodies were identified, the disappearance of the other 37 persons has remained at the investigation stage for more than 16 years. 187. In summary, the partial impunity and the ineffectiveness of the criminal proceedings in this case are reflected in two aspects: first, if it is considered that around 60 men took part in the massacre, most of them have not been investigated or have not been identified or prosecuted. Second, the impunity is reflected in the

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos