171 international justice before two bodies of the Inter-American System for the Protection of Human Rights: the Commission and the Court.296 324. The Court takes into account that some of the next of kin of the victims who were executed and made to disappear during the facts in Mapiripán acted through representatives, both before the Commission and before the Court. In this case it has been established that, due to the very circumstances of this case, limited participation of the next of kin in the criminal proceedings, whether as civil parties or as witnesses, has been a consequence of the threats received during and after the massacre, of their situation of displacement and of the fear of participating in said proceedings. In point of fact, only a few next of kin have testified in the criminal proceedings and have initiated administrative-law proceedings. It has also been proven that only the spouse of one of the victims, Nory Giraldo, has appeared as a civil party in said criminal proceeding and, according to information by the representatives, has done so as an agent of the same non-governmental organization that represents her before this Court. 325. In view of the above, it is not possible to order compensation for costs and expenses, directly to the next of kin of the victims, for them to distribute it among those who provided legal counsel, as this Court has done in recent cases,297 for which reason it deems it fair to order the State to reimburse US$ 20,000.00 (twenty thousand United States dollars) or its equivalent in Colombian currency, to the Colectivo de Abogados José Alvear Restrepo for costs and expenses incurred under domestic venue and in the international proceeding before the Inter-American System for the Protection of Human Rights, and that it reimburse US$ 5,000.00 (five thousand United States dollars) or its equivalent in Colombian currency to CEJIL for costs and expenses incurred in the international proceeding. XVI MODES OF COMPLIANCE 326. To comply with the instant Judgment, Colombia must pay the compensation for pecuniary and non-pecuniary damages (supra paras. 274, 278, 288 and 290), reimburse the costs and expenses (supra para. 325) and build an appropriate and dignified monument in remembrance of the facts in the Mapiripán Massacre (supra para. 315), within one year of its notification. The State must also publish the pertinent parts of this Judgment (supra para. 318), within six months of its notification. Colombia must immediately take the necessary steps to activate and effectively complete, within a reasonable time, the investigation to establish liability of the masterminds and direct perpetrators of the massacre and those whose acquiescence and collaboration made it possible, as well as the necessary steps to individually identify the victims who were executed or made to disappear and their next of kin (supra paras. 296, 297, 298 and 305 to 310). With regard to adequate treatment for the next of kin of the victims who were executed or made to disappear, it must be provided immediately for those who have been identified, and as soon as the State identifies those who have not yet been identified, and for as long as necessary (supra para. 312). With regard to the official mechanism that 296 See Case of Yatama, supra note 7, para. 264; Case of the Indigenous Community Yakye Axa, supra note 12, para. 231, and Case of the Moiwana Community, supra note 4, para. 222. 297 See Case of Yatama, supra note 7, para. 265; Case of Carpio Nicolle et al., supra note 261, para. 145; Case of De la Cruz Flores, supra note 4, para. 178.

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