-104(infra paras. 169 to 212). In order to determine the violation of Articles 4, 5 and 7 of the Convention, which was examined in the preceding paragraphs, suffice it to say that the Court finds that the investigations into the Pueblo Bello events conducted in Colombia, in proceedings conducted by the ordinary and the military criminal justice system, and by the disciplinary and administrative justice systems were seriously flawed, and this has undermined the effectiveness of the protection established in the national and international norms applicable in this type of case, and resulted in the impunity of certain criminal acts that constitute, in turn, grave violations of the human rights embodied in the provisions of the Convention cited in this paragraph. 149. The Court must emphasize that the facts that are the object of this judgment form part of a situation in which a high level of impunity prevails for criminal acts perpetrated by members of paramilitary groups (supra paras. 129 and 130). The Judiciary has failed to provide an adequate response to these illegal actions of such groups in keeping with the State’s international commitments, and this leads to the establishment of fertile ground for these groups, operating outside the law, to continue perpetrating acts such as those of the instant case. 150. In view of the above, the Court concludes that the State has not complied with its obligation to guarantee the human rights embodied in Articles 4, 5 and 7 of the Convention with regard to the persons disappeared and deprived of life in this case, because it has failed to conduct a genuine, complete and effective investigation into the facts that motivate this judgment. * 151. In addition to the situation described above of the lack of due diligence in the protection (including the preventive protection) of the inhabitants of Pueblo Bello, and in the respective investigations, it was the State itself that created a dangerous situation, which it then failed to control or dismantle (supra paras. 125 to 128). Thus, although the acts committed by the members of the paramilitary group against the alleged victims in this case are acts committed by private individuals, the responsibility for those acts may be attributed to the State, owing to its failure to comply by omission, with its treaty-based obligations erga omnes to guarantee the effectiveness of human rights in these relations between individuals. And this is implemented and aggravated by having failed to eliminate or effectively resolve the dangerous situation caused by the existence of those groups and by having continued to encourage their actions through impunity. Hence, the State is responsible for the arbitrary deprivation of the personal liberty and integrity, and also the life, of the 43 persons abducted in the jurisdiction of Pueblo Bello on January 14, 1990, and subsequently disappeared or murdered. 152. Regarding the determination of the violations committed in this case, it has been proved that the 43 persons were arbitrarily deprived of their liberty; that six of them were deprived of life, and that the other 37 are disappeared. It is true that there is no evidence of the specific acts to which each of these people were subjected before being deprived of life or disappeared. However, the very modus operandi of the facts of the case and the serious failures in the obligation to investigate allow us to infer that the persons abducted were tortured or subjected to extreme cruel, inhuman or degrading treatment, because it has been proved that some of them had had their veins, ears or genital organs severed, their eyes had been gouged out, and they had been “kicked and punched” to death (supra paras. 95(39) and 95(40)). In the least cruel scenario, they were subjected to grim

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