Inter-American Court Newly Condemns the Colombian State and Calls into Question the

For the sixth time in the last three years, the Inter-American Court of Human Rights has ruled
against the Colombian State. On this occasion, the Colombian State was condemned for its
collaboration with paramilitary groups in the commission of a massacre against judiciary officials.
Today, the Center for Justice and International Law (CEJIL) and the José Alvear Restrepo Lawyers’
Collective (CCAJAR), representatives of the victims and their family members, were notified by the
High Court of this ruling on the case of the massacre of La Rochela, which established that the
paramilitary group “Los Masetos”, who are responsible for this crime, acted with the support and
collaboration of State agents.

The Court also determined that the Colombian State violated the rights to personal liberty, physical
safety, and life –in addition to judicial guarantees and protection- of the victims and their family
members, which are established in the American Convention on Human Rights. As a result of these
violations, the Court ruled that the Colombian State must conduct and complete the investigation
into the massacre in order to try and punish all of the material and intellectual authors. This ruling
by the Inter-American Court constitutes a significant contribution to the search for truth, justice, and
reparation for the survivors and family members of the La Rochela massacre.

The case of La Rochela concerns a massacre committed in January 1989 in the township of La
Rochela (Department of Santander), in which 12 persons died and 3 survived. The victims, all of
them judiciary officials, had been investigating –among other crimes- the massacre of 19 merchants,
a case also analyzed by the Inter-American Court in July 2004. The Court considered that this
massacre occurred in a context of violence committed against judiciary officials (and under laws that
permitted the creation of self-defense groups that later became paramilitary organizations).

Even though the Colombian State recognized its responsibility (and testimony was provided
implicating the active participation of State agents in these acts), no progress has been made toward
investigating and punishing the responsible parties of the massacre.

The Inter-American Court also established that the Colombian State failed to diligently investigate
the relationship between the paramilitary group AGDEGAM and senior military commanders.
Specifically, the Court mentions the failure to investigate such senior commanders as General Farouk
Yanine Díaz, General Carlos Julio Gil Colorado, and Colonel Jaime Fajardo Cifuentes.

Currently, several of the paramilitaries implicated in this massacre are also beneficiaries of the
demobilization process (concerning which the Inter-American Court has already issued
pronouncements). In this respect, the Court established that the right to truth must be guaranteed
“as adequately, participatory, and thoroughly as possible”, granting the victims the chance to
participate “in all of the stages of the respective processes.” Moreover, the Court established that the
sentences imposed on the demobilized persons must be proportional, “in function of the diverse
nature and gravity of the acts,” and that “the State has the

certain duty of making reparations directly
and principally for those human rights violations for which it is responsible.” Lastly, the Inter-
American Court insisted that the granting of amnesties under Decree 128 “demands that the utmost
diligence must be paid by the corresponding authorities to determine if the beneficiary actually
participated” or not in grave human rights violations.

Additionally, the Inter-American Court called attention upon the total lack of protection provided to
the judicial commission that was victim of the massacre, as well as deprotection of the judiciary
officials, witnesses, and family members, which has affected the effectiveness of the investigation.
Consequently, the Court insisted in the importance of “an effective system of protection for judiciary
officials, witnesses, victims, and their family members.”

“Colombian political and judicial authorities should pay close attention this ruling since it gives
guidelines to the Colombian State for bringing its conduct in the demobilization process into line
with international standards insofar as the protection of human rights.” stated Viviana Krsticevic,
executive director of CEJIL. Non-compliance to this judicial decision by the Colombian State would
bring the Inter-American Court to newly condemn the Colombia State for not guaranteeing the rights
of the victims in the demobilization process.

Rulings issued by the Inter-American Court of Human Rights must be complied to by the member
countries of the Organization of American States (OAS) –such as Colombia-, which have accepted its
jurisdiction and binds all branches of State power.

Contact at CEJIL:
Michael Camilleri
Attorney
Washington, DC, USA
Tel: (1) 202-319-3000 ext. 24
Fax: 202-319-3019
mcamilleri@cejil.org

Contact at José Alvear Restrepo Lawyers’ Collective:
Rafael Barrios
Attorney
Bogotá, Colombia
Tel: (571) 284 6120
Cellular: (571) 312 481-7121
colect@colectivodeabogados.org

• English (US)