13
Colombia and considers that it constitutes an important step towards the fight of
impunity as noted in this case, since it has allowed, even though several years have
passed since the occurrence of the facts and the delivery of the Judgment of this
Tribunal, the continuation of the investigations and it has also opened the door for
determining, where applicable, the criminal responsibilities of the members of the
law enforcement agencies for the crime of forced disappearance.
18.
That it is necessary to recall 9 that the victims of human rights violations, or
their next-of-kin or representatives must have ample opportunity to take part and be
heard, both in the elucidation of the facts and the punishment of those responsible
and in the quest for fair compensation. Nevertheless, the effective search for the
truth falls upon the State and does not depend on the procedural initiative of the
victim or next-of-kin or on the submission of evidentiary elements.
19.
That according to the terms of the Judgment, 10 the State must publicly
disseminate the result of this process, so that Colombian society may know the truth
about what happened. Therefore, that publication is closely related to the
promptness with which the investigations should have been conducted since the
massacre occurred and, particularly, since the delivery of the Judgment of this Court.
Based on the foregoing, the Tribunal shall continue waiting for the results of the
investigations in order to determine what may correspond in relation to this aspect.
20.
That, furthermore, this Tribunal deems it is necessary for the State to
continue presenting thorough and updated information on the total proceedings
conducted as a result of the investigation into the facts.
*
*
*
21.
That, as to the obligation to conduct, within a reasonable time, a genuine
search of the remains of the victims and, if possible, return them to their next of kin
(operative paragraph six and paragraphs 270 and 271 of the Judgment), the State
referred to actions taken and the progress made in the investigations conducted by
the Solicitor General's Office, though it requested reservation and confidentiality of
the proceedings (supra Considering clause 8). Moreover, it mentioned that the delay
in complying with this measure of reparation is the result of the complexities of the
investigation in itself, the passage of time, the different versions as to the
whereabouts of the remains, the conditions of the land, the change of the geographic
characteristics of the possible places, as well as the very specialized technical and
human resources required to intervene in such quests. The State also pointed out
that the court file does not contain sufficient material to do another research;
consequently, it has ordered the taking of other testimonies. By reaffirming its will to
take any action necessary to comply with this operative paragraph, and according to
what was agreed upon with the representatives (supra Considering clause 14), the
State undertook to provide the economic resources, adopt the necessary security
measures, search for the support of the Commission to Search for Disappeared
People [Comisión de Búsqueda de Personas Desaparecidas] and speed up the
9
Cf. Case of the 19 Tradesmen V. Colombia. Merits, Reparations and Costs. Judgment of July 5,
2004. Series C N. 109, para. 186 and 263.
10
Cf. Case of the 19 Tradesmen V. Colombia, supra note 9, para. 263.