161
c)
the State must hold a public trial within a reasonable time against all
the masterminds and direct perpetrators, and execute sentences that are
proportional to their crimes;
d)
the State must remove de facto and legal obstructions that have
impeded an effective criminal proceeding:
i. it must investigate and prosecute all the members of the National
Army who did not take the steps required to cooperate with the
judicial authorities and avoid obstruction of evidence gathering by the
paramilitary;
ii. it must effectively execute the arrest warrants already issued by
court authorities, including that regarding the situation of paramilitary
leader Carlos Castaño; and
iii. it must adopt such security measures as may be necessary to
protect the lives and the physical integrity of the attorneys, witnesses,
and State officials involved in this case; and
e)
the State must take such steps as may be necessary to find and
identify the missing victims, and those whose dismembered and eviscerated
bodies were thrown into the Guaviare River, so that their next of kin can
complete the grieving process for the disappearance of their beloved ones and
thus enable some degree of reparation of the harm caused. In this regard,
the State must establish a committee to seek and identify the victims and
next of kin and it must set up a fund to pay compensations due to the next of
kin of as yet unidentified victims;
293.
Pleadings of the State
a)
it is necessary to appreciate and give full effect to the acknowledgment
of responsibility and to the apology made during the public hearing;
b)
the State has conducted serious and impartial investigations through
its competent authorities and has attained decisive results. Actions by the
judicial authorities in charge of the investigation and prosecution of those
responsible have been effective, despite the complexity of the situation.
Furthermore, it is necessary to recognize and support actions by the
authorities to protect those affected or threatened by violence;
c)
with the aim of verifying and consolidating information on the alleged
victims, between January 13 and 15, 2005 a technical-scientific team was set
up, inter alia, to establish the feasibility of exhumation of bodies or finding
osseous remains. Definitive reports are awaited;
d)
the Mayor’s Office in Mapiripán posted announcements requesting
information on anyone who knew persons who disappeared during the facts of
July 1997 and to date no complaints have been filed;
e)
the location and destination of some of the individuals who allegedly
disappeared at the time of the facts have been established;
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