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c)
the Commission points out that the process of demobilizing
paramilitary groups includes negotiations on benefits for their members in
legal proceedings;
d)
the State must ensure that paramilitary presence is eradicated through
State action and that those who have been displaced by violations in the
instant case may, if they so wish, return to Mapiripán;
e)
the amounts allegedly paid are not in connection with the same matter
being heard by the Court, nor have they been set in accordance with the
Court’s criteria on reparations. Furthermore, the subject matter of this
proceeding, regarding the international responsibility of the State for violating
its obligations under the American Convention, is different from the subject
matter of the administrative-law proceeding;
f)
the Commission recognizes the value of the State’s expression of
regret for the loss of human lives and of its apology, as this is an initial step
in the process of historical remembrance of the fatal victims and of
satisfactions owed to their next of kin and to the survivors;
g)
the Court must establish the general criteria for individual
identification and establishment of the beneficiaries of the reparations;
h)
the measures of satisfaction applicable in the instant case are
acknowledgment of responsibility, apology, Publicity, and commemoration.
As other forms of reparation the State must:
i.
conduct a serious, complete, and effective investigation to
establish the liability of the masterminds and direct perpetrators of the
massacre, as well as that of individuals whose acquiescence made it
possible for the massacre to take place. This investigation must lead
to criminal punishment for those responsible;
ii.
effectively complete the investigation underway, in accordance
with the international obligations that it has freely undertaken;
iii.
take such steps as may be necessary to identify the victims so
that their next of kin can complete the grieving process due to their
disappearance and thus enable, to some extent, reparation of the
damage caused;
iv.
execute the arrest warrants already issued by court authorities,
including that of paramilitary leader Carlos Castaño;
v.
hold a public act of acknowledgment of international
responsibility and explanation of its scope and consequences by a high
official of the State in the community of Mapiripán. It must also
publish the operative part of the judgment and the chapter on proven
facts in the official gazette Diario Oficial and in a nationally distributed
daily;
vi.
carry out, in consultation with the next of kin, a symbolic
acknowledgment in remembrance of the victims of the massacre;
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