55
case on appeal178 and it was not until June 14, 2005179 that a transfer was ordered to
receive arguments concerning a review of the preliminary proceedings in relation to
the seven accused. The definition of the charges is still pending180;
(c) It took approximately 14 years and 2 months181 to comply with the order issued by
the Superior Tribunal of Public Order in 1990182 in which that court ordered the
production of copies of pertinent documents to be issued in order to continue the
investigation of Lieutenant Luis Andrade Ortiz for conspiracy;
(d) It took 7 years and 7 months183 to comply with the order to investigate retired Major
Oscar Echandía for conspiracy;184 and
(e) On January 19, 2007, the Office of the Attorney General reported that a “judicial
identification procedure based on photographs” was pending. The Office of the
Attorney General reported that this action “depends upon locating ex-convict Alonso
de Jesús Baquero Agudelo, who was freed in December 2005.”185 The Court
emphasizes that this procedure was not undertaken during the 16 years in which this
individual was deprived of his liberty in the custody of the State.
177. The Court notes recent efforts designed to investigate this type of negligence
through disciplinary proceedings as part of the procedural efforts to further the
investigations (infra para. 208, 213 and 214). Nevertheless, this does not eliminate the
grave consequences that these omissions and delays may have had on the investigation and
on gathering evidence.
*
*
*
178. The Court recognizes the complexity of the matters that are being investigated by
the domestic judicial bodies in relation to this massacre. Nevertheless, the Court observes
that, given the nature and gravity of the events, as well as the number of participants
involved in them (paramilitary groups acting with the support of the security forces), the
means used and the results achieved have not been sufficient to guarantee effective access
178
Cf. judgment of November 14, 1990, issued by the Superior Tribunal of Public Order (record of evidences
to the application, volume I, evidence A32, pages 509 to 512, 515 to 517 and 524).
179
Cf. resolution of July 14, 2005, issued by the Office of the Fourteenth Specialized Prosecutor for the
National Human Rights and International Humanitarian Law Unit (record of evidences to the State’s reply brief,
volume I, evidence 3R, pages 4962 and 4963).
180
Cf. statement sworn before a notary public (affidavit) by Héctor Cruz Carvajal on January 19, 2007 (record
of witness statements and expert reports, volume III, page 7559).
181
Cf. report of August 25, 2006, issued by the National Human Rights and International Humanitarian Law
Unit (record of evidences to the State’s reply brief, volume I, evidence 1, page 4588).
182
Cf. judgment of November 14, 1990, issued by the Superior Tribunal of Public Order (record of evidences
to the application, volume I, evidence A32, pages 509 to 512, 515 to 517 and 524).
183
Cf. resolution of September 16, 2005 issued by Office of the Fourteenth Specialized Prosecutor for the
National Human Rights and International Humanitarian Law Unit (record of evidences to the brief containing
pleadings and motions, volume VI, evidence 56, pages 3587 and 3588).
184
Cf. preclusion resolution issued by the Office of the Delegated Prosecutor for the National Tribunal of
February 18, 1998 (record of evidences to the application, volume I, evidence A29, page 317)
185
Cf. statement sworn before a notary public (affidavit) by Héctor Cruz Carvajal on January 19, 2007 (record
of witness statements and expert reports, volume III, page 7559).
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