culminated in an acquittal of the accused by the Single Criminal Court of
the Specialized Circuit of Neiva, Huila, on December 15, 2000. That
verdict was later affirmed on final appeal by the Criminal Chamber of
the Superior Court for the Judicial District of Neiva, Huila, on April 6,
2001.
17. The petitioner argues that in that proceeding the competent
authorities committed a series of irregularities, in both the investigation
before the Public Ministry and the phase of obtaining and weighing the
evidence, before the Judiciary.
18.
The complainant states that said judicial proceedings “did not lead
to the identification of persons who might have been responsible,
concluding in a judgment of acquittal, constituting a denial of justice.” It
further argues that in the judicial proceeding to clarify the murder “there
was no due process of law.” This assertion is supported by its argument,
as it notes (1) that in Colombia there was a pattern of impunity in
human rights violation in the cases of journalists who have been killed,
(2) that the identity of the witnesses was not adequately protected, and,
(3) that the attorneys in the region had been intimidated in relation to
the case. It also notes that the prosecutor on the case was changed as
many as four times.
19.
The petitioner asserts that after the acquittal the crime remains in
impunity, for the Colombian State has not made any effort to open a
new investigation to clarify the facts in the murder. The petitioner places
special emphasis on the flaws of the investigation and the fact that to
date the investigation has gone nowhere. It concludes that the State will
not open a new investigation, since it has said that it has already
discharged its obligation to impart justice.
20.
The petitioner argues that according to the case-law of the InterAmerican Court of Human Rights, the obligation to guarantee access to
domestic remedies in keeping with the generally recognized principles of
international law implies that such remedies must be adequate and
effective, which was not so in this case, and which opens the door to the
application of the exceptions provided for in Article 46(2) of the
Convention. The complainant has indicated that the exceptions to the
requirement to exhaust domestic remedies include an exception to the
rule by which the petition must be filed within six months. Accordingly,
the six-month limit provided for in Article 46(1)(b) is not applicable to
the instant case.
B.
The State’s position
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