Pueblo Bello Massacre v. Colombia

Abstract

State responsibility — Principles — Imputability — State responsibility for acts or omissions of State authorities — State responsibility for human rights violations committed by third parties — State obligations to guarantee respect for rights between individuals — State obligations to adopt prevention and protection measures — State obligations as conditioned by awareness of a situation of real and imminent danger for a specific individual or group and reasonable possibilities of preventing or avoiding that danger — State responsibility for contributing to creation of danger and failure to take protection measures — American Convention on Human Rights, 1969Human rights — Right to life — Right to humane treatment — Right to personal liberty — American Convention on Human Rights, 1969, Articles 4, 5 and 7 — Right to life including positive obligation to protect and preserve life — State obligation falling on all State institutions, including authorities responsible for safeguarding security — State obligations to adopt legislative, administrative and judicial measures — State obligations to prevent and protect individuals from criminal acts of others and investigate effectively — State obligation to investigate cases of extrajudicial executions, forced disappearances and other grave human rights violations — Next of kin’s right to humane treatment violated in cases of forced disappearance as direct consequence — Whether Colombia violating Articles 4, 5 and 7, in relation to Article 1(1) of American Convention on Human Rights, 1969Human rights — Right to a fair trial and right to judicial protection — Articles 8 and 25 of American Convention on Human Rights, 1969 — Restrictive and exceptional scope of military criminal jurisdiction — Assessment of domestic investigations carried out by ordinary, military, disciplinary and administrative justice systems — Right to truth not autonomous, but forming part of right to access justice and reparation — Whether Colombia violating Articles 8 and 25, in relation to Article 1(1) of American Convention on Human Rights, 1969International tribunals — Inter-American Court of Human Rights — Preliminary objections by Colombia — Exhaustion of domestic remedies — Reasonable time limit for application to Inter-American Commission on Human Rights — Article 46 of American Convention on Human Rights, 1969 — Colombia 175accepting jurisdiction of the Court — Preliminary objection understood to be withdrawn — Request to join preliminary objection to merits of case inadmissibleDamages — Reparations — Monetary and other reparations — Damages for pecuniary and non-pecuniary loss — Beneficiaries — Next of kin of victims — Requirement of public apology and memorial to victims of massacre — Other non-pecuniary remedies — Article 63(1) of American Convention on Human Rights, 1969International tribunals — Inter-American Court of Human Rights — American Convention on Human Rights, 1969, Article 67 — Interpretation of judgment — Requests for interpretation of judgment by State and representatives of victims — Request by representatives denied — Purpose of interpretation to clarify meaning, not to submit factual and legal matters already decided — Impossibility of requesting modification or annulment of judgment through request for interpretation — Request of State granted and relevant paragraphs of judgment interpreted