2
recommendations to the State. On September 28, 2005, the State organized a “public act
acknowledging responsibility” with the participation of the Vice President of the Republic
and the Minister of Foreign Affairs (infra para. 10). On February 28, 2006, the Commission
concluded that “not all [of its] recommendations ha[d] been complied with” and,
consequently, submitted this case to the jurisdiction of the Court.3
2.
The application alleges that “on January 18, 1989, a paramilitary group, operating
with the cooperation and acquiescence of State agents, extra judicially executed Mariela
Morales Caro, Pablo Antonio Beltrán Palomino, Virgilio Hernández Serrano, Carlos Fernando
Castillo Zapata, Luis Orlando Hernández Muñoz, Yul Germán Monroy Ramírez, Gabriel
Enrique Vesga Fonseca, Benhur Iván Guasca Castro, Orlando Morales Cárdenas, César
Augusto Morales Cepeda, Arnulfo Mejía Duarte and Samuel Vargas Páez, and violated the
personal integrity of Arturo Salgado Garzón, Wilson Humberto Mantilla Castilla and Manuel
Libardo Díaz Navas […] while they were carrying out an investigation in their capacity as
officials of the administration of justice in the district of ‘The Rochela,’ in Bajo Simacota,
Department of Santander, Colombia.” The Commission alleged that “the case remains
characterized by partial impunity and most of the civilian and military masterminds and
perpetrators have not been criminally investigated and punished.” In addition, it stated that
“the judicial determination of the facts with regard to the ‘The Rochela’ Massacre has
special significance for Colombian society, because it concerns the murder of judicial
officials while they were carrying out their duty to investigate the responsibility of civilians
and army personnel in the massacre of the 19 Tradesmen and other violent acts,”
perpetrated in the Magdalena Medio region.
3.
The Commission asked the Court to declare the State responsible for the violation of
the right enshrined in Article 4 (Right to Life) of the American Convention in relation to
Article 1(1) (Obligation to Respect Rights) thereof, to the detriment of the twelve alleged
victims who died. The Commission also asked the Court to declare the State responsible for
the violation of Article 5 (Right to Personal Integrity) of the American Convention, in
relation to Article 1(1) thereof, to the detriment of the three alleged victims who survived,
as well as to the detriment of the next of kin of the alleged victims who died. In addition,
the Commission asked the Court to declare the State responsible for the violation of Articles
8 (Right to a Fair Trial) and 25 (Judicial Protection) of the American Convention in relation
to Article 1(1) thereof, to the detriment of the alleged victims and their next of kin. As a
result of the foregoing, the Commission asked the Court to order the State to provide
certain measures of reparation.
4.
The representatives of the alleged victims and their next of kin, the “José Alvear
Restrepo” Legal Cooperative and the CEJIL (hereinafter “the representatives”), submitted
their brief containing pleadings, motions, and evidence (hereinafter “brief containing
pleadings and motions”), in accordance with Article 23 of the Rules of Procedure. Based on
Muñoz, Yul Germán Monroy Ramírez, Gabriel Enrique Vesga (or Vega) Fonseca, Benhur Iván Guasca Castro,
Orlando Morales Cárdenas, César Augusto Morales Cepeda, Luis Orlando Hernández Muñoz, Arnulfo Mejía Duarte
and Samuel Vargas Páez; the violation of the right to personal integrity embodied in Article 5 of the American
Convention to the detriment of the following survivors: Arturo Salgado Garzón, Wilson Humberto Mantilla Castilla
and Manuel Libardo Díaz Navas, as well as of the abovementioned deceased victims and their next of kin. The
Commission also found that the State was responsible for the violation of the right to judicial protection established
in Articles 8 and 25 of the American Convention to the detriment of the victims and their next of kin. All of the
foregoing rights were found to have been violated in relation to the State’s non-compliance with the obligation to
guarantee rights enshrined in Article 1(1) of the Convention.
3
The Commission appointed Víctor Abramovich, Commissioner, and Santiago A. Canton, Executive
Secretary, as delegates, and Ariel E. Dulitzky, Verónica Gómez, Víctor Madrigal Borloz and Manuela Cuvi Rodríguez
as legal advisers.
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