36
Guard did not send any communication to the 29th Court either; nor did any
member of this armed corps testified before said Court.
60(32) Such behavior of the State, which also included the penitentiary authorities’
reluctance to allow prisoners to appear in court and court officials’ visits to the
different penitentiary facilities, caused not only unnecessary delay in the
investigation, but also the loss of vital evidence to enable court officials uncover the
facts behind the incidents that took place at the Detention Center.
60(33) As a result, the 29th Court decided that “there [was] no evidence to suggest
the involvement and criminal liability of any officer” and, therefore, it ordered that
“the […] investigation remain open.”
60(34) On August 19, 1994, the 29th Trial Court referred the file to the Homicide
Division of the Judicial Police Technical Corps for further investigation. The victims’
next of kin were not able to appeal this decision since they were denied access and
consequently participation in the proceedings. Since the aforesaid court’s decision,
the investigation has been suspended and no court authority has assessed the
existing evidence or ordered production of additional evidence. Currently, the
investigation is shelved in the 68th Prosecutor’s Office of the Metropolitan Area at
preliminary investigation stage under Case No. 4582.
g)
Proceedings before Military Courts
60(35) The behavior of National Guard officers at the Detention Center gave rise to
an investigation in the military criminal justice system. The victims’ next of kin have
had no access to the results or the evidence that may have been obtained from said
investigation. The Inter-American Commission has not had access to these files
either even though the State undertook to make the case record public during the
unsuccessful friendly settlement process (supra para. 47).
h)
Non-pecuniary damage suffered by the victims and their next of kin
60(36) The 37 victims identified in paragraph 60(26) of this Judgment suffered
severe pain as a result of the appalling conditions they endured during their
detention at the Detention Center of Catia and the violent incidents that took place
between November 27 and 29, 1992 (supra paras. 60(16) to 60(25)), where they
lost their lives. In addition, the victims’ next of kin identified in paragraph 60(26) of
this Judgment suffered moral distress by reason of the denial of justice that still
continues, the lack of information regarding the whereabouts of their relatives’
bodies, and because of the emotional trauma of their loss.
i)
Representation before domestic courts and the Inter-American System
for the Protection of Human Rights
60(37) The victims’ next of kin, with the support of the COFAVIC have been following
up the investigations instituted in domestic courts, despite considerable difficulties,
on account of which said non-governmental organization has incurred expenses. In
addition, the victims' next of kin have been represented by the COFAVIC and the
CEJIL (Center for Justice and International Law) before the Inter-American System
for the Protection of Human Rights, which has also generated expenses.
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