131
factors. However, in this case the complexity of the matter is also linked to the
difficulties caused during the investigation, which originated in actions and omissions
by the administrative and judicial authorities of the State itself, as will be analyzed in
the following section. It is therefore not possible to sustain an argument to justify
the duration of the investigations, as the State seeks to do, based on “vicissitudes
and limitations in terms of financial and technical resources, […] as well as the
critical public order situation in the areas where the investigations must be
conducted and the evidence gathered.”
222. While it has been more than eight years since the facts took place, the
criminal proceeding continues to be open and, despite the aforementioned delays,
there have been certain results that must be taken into account. Therefore, the
Court deems that, rather than basing its analysis on whether the term of the
investigations has been reasonable, the responsibility of the State in light of Articles
8(1) and 25 of the Convention must be established by means of an assessment of
the development and results of the criminal proceeding, that is, on the effectiveness
of the duty to investigate the facts to establish the truth of what happened, to punish
those responsible, and to provide reparation for the violations against the victims.
*
*
*
223. As was pointed out, in cases of extra-legal executions, the jurisprudence of
this Court is unequivocal: the State has the duty to begin ex officio, forthwith, a
serious, impartial and effective investigation (supra para. 219) that must not be
undertaken as a mere formality destined beforehand to be fruitless.259
224. In this regard, based on the United Nations Manual on the Effective
Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, this
Court has specified the guiding principles that must be followed when a death may
be due to an extra-legal execution.
The State authorities in charge of an
investigation must seek, at the least, inter alia: a) to identify the victim; b) to obtain
and preserve evidence regarding the death, so as to aid any potential criminal
investigation regarding those responsible; c) identify possible witnesses and receive
their statements regarding the death under investigation; d) establish the cause,
manner, place and time of death, as well as any pattern or practice that may have
caused the death; and e) differentiate between natural death, accidental death,
suicide, and homicide. It is also necessary to exhaustively investigate the crime
scene, autopsies and analyses of human remains must be conducted rigorously, by
competent professionals, applying the most appropriate procedures260
225. In the instant case, the investigation began almost immediately after the days
of the massacre. It has been proven that the paramilitary remained in Mapiripán
from July 15 to July 20, 1997, and the preliminary investigation of the facts was
259
See Case of the Moiwana Community, supra note 4, para. 146; Case of the Serrano Cruz Sisters,
supra note, para. 61, and Case of Bulacio, supra note 196, para. 112.
260
See Case of the Moiwana Community, supra note 4, para. 149, and Case of Juan Humberto
Sánchez, supra note 187, para. 127 and 132. Likewise, United Nations Manual on the Effective Prevention
and Investigation of Extra-Legal, Arbitrary and Summary Executions, Doc. E/ST/CSDHA/.12 (1991).
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