305.
In the light of the above considerations, the Commission concludes that the delay in
investigating the circumstances in which Messrs. Quiñónez, Romero and Reyes were executed is not
reasonable and was based on the omissions of the authorities in charge of the investigation and prosecution
of the case, as well as the application of the Military Criminal law in the case of Quiñónez, all of these in
violation of Article 8(1) of the Convention.
iv)
In relation with the proceedings before the disciplinary and Administrative-Law
jurisdiction
306.
The Commission has previously held on several occasions that the disciplinary jurisdiction
does not constitute a sufficient means for prosecuting, punishing, and repairing the consequences of human
rights violations.419. In addition, the Inter-American Court has stated that investigation in the disciplinary
procedure “tends to protect the administrative function and the correction and control of public officials, so
that, in cases of grave human rights violations, it can complement but not substitute completely the function
of the criminal jurisdiction.”420
307.
As for the administrative proceedings, the Commission has previously held that it is a
mechanism that seeks to oversee the administrative activity of the State, and that –at the time of the eventsonly allowed one to obtain compensation for damages caused by an abuse of authority421. Likewise, the Court
has considered that
When establishing the international responsibility of the State for the violation of the human
rights embodied in Articles 8(1) and 25 of the American Convention, a substantial aspect of
the dispute before the Court is not whether judgments were delivered at the national level or
whether settlements were reached on the civil or administrative responsibility of a State
body with regard to the violations committed to the detriment of the next of kin of the
persons disappeared or deprived of life, but whether the domestic proceedings allowed real
access to justice to be ensured, according to the standards established in the American
Convention.422
308.
The Commission takes note of the results achieved in each of the process that were carried
out in those jurisdictions and has analyzed their findings as part of the available information to determine the
events in which the deaths of Messrs. Gustavo Giraldo Villamizar, Wilfredo Quiñónez and Gregorio Romero
happened. The Commission acknowledges the efforts made by the State in order to repair the damage caused
by the decisions entailed in the instant report. The Commission considers that such efforts are a partial
response to the damages on behalf of some of the next of kin, which shall be taken into account when
determining the additional reparations that are required. However, such investigations have not had an
impact on the absolute and partial impunity, respectively, established in this report.
D. The right to Humane Treatment to the detriment of the next of kin
309.
Article 5(1) of the American Convention establishes that “[e]very person has the right to
have his physical, mental, and moral integrity respected.” With regard to the next of kin of the victims of
419
IACHR, Report No. 74/09, Admissibility, José Antonio Romero et. Al. (Colombia), October 15, 2007, para. 34.
I/A Court H.R., Case of the Pueblo Bello Massacre v. Colombia. Merits, Reparations and Costs. Judgment of January 31, 2006.
Series C No. 140, para. 203.
420
421
IACHR, Report No. 74/09, Admissibility, José Antonio Romero et. Al. (Colombia), October 15, 2007, para. 34.
I/A Court H.R., Case of the Pueblo Bello Massacre v. Colombia. Merits, Reparations and Costs. Judgment of January 31, 2006.
Series C No. 140, para. 206 and I/A Court H.R., Case of the "Mapiripán Massacre" v. Colombia. Merits, Reparations and Costs. Judgment of
September 15, 2005. Series C No. 134, para. 211.
422