81
With regard to Álvaro Tovar Muñoz and his next of kin
96.171
Álvaro Tovar Muñoz worked as a butcher.175
96.172
Álvaro Tovar Muñoz was married to Beatriz Rojas Vargas. Their
daughter was Yulieth Lorena Tovar Rojas. His father was Ernesto Tovar Loaiza and
his adoptive mother was María Teresa Pérez Carrillo. His siblings were Ernesto, Fatty,
Ligia and Edelmira Tovar Muñoz, and Sandra Milena Tovar Pérez, Adriana Tovar
Pérez.176
96.173
On February 1, 2005, the next of kin of Álvaro Tovar Muñoz signed a
Total Conciliation Agreement with the Ministry of Defense, which was approved by
the Administrative Law Court of Meta (supra paras. 97.130 and 97.131).
With regard to the damage caused to the next of kin of the alleged victims
and the costs and expenses
96.174
The inhabitants of Mapiripán were subjected to conditions of terror
between July 15 and 20, 1997 and the partial impunity in this case has caused and
continues to cause suffering to the next of kin of the alleged victims: several of them
witnessed how the paramilitary took away their next of kin, they heard their cries for
help while they were tortured, they learned that the bodies were thrown into the
river and, in two cases, they found their tortured bodies (supra paras. 96.53, 96.54
and 96.55). Also, after the facts of July 1997, most of the population of Mapiripán
left the town (supra para. 96.63 and 96.64). All this has created a state of deep fear
among the next of kin of the victims, which has not allowed them to return to
Mapiripán, to file complaints before the authorities regarding the facts, and to
participate in the domestic proceedings –only one of the next of kin is a civil party in
the criminal proceeding (supra para. 96.103) and the next of kin of only four alleged
victims have begun administrative-law proceedings regarding the facts (supra paras.
96.127 to 96.129) -. Said situation has also led to the identification of no more than
twenty individuals as executed or missing persons, despite the approximate number
of victims of the massacre.
96.175
The next of kin of the alleged victims have suffered pecuniary and
non-pecuniary damage directly resulting from the facts; this has affected their
physical and psychological health, has had an impact on their social and work
relations, has altered their family dynamics and, in some cases, has endangered the
lives and personal safety of some of their members.177
175
See application filed on October 24, 1998 by Beatriz Rojas Vargas et al., before the
Administrative Law Court of Meta (file with appendixes to the application, appendix 62, page 1188).
176
See application filed on October 24, 1998 by Beatriz Rojas Vargas et al., before the
Administrative Law Court of Meta (file with appendixes to the application, appendix 62, pages 1187 and
1188), and February 2005 ruling by the Administrative Tribunal of Meta (file with evidence tendered by
the State, page 4771).
177
See testimony of Luz Mery Pinzón, Nory Giraldo de Jaramillo, Mariela Contreras Cruz, Marina
Sanmiguel Duarte and Viviana Barrera Cruz rendered before the Inter-American Court during the public
hearing held on March 7, 2005; statements rendered as testimony before a notary public (affidavit) by
María Teresa, Esther and Sara Paola Pinzón López, Carmen Johanna Jaramillo Giraldo, Yur Mary and Zuli
Herrera Contreras, Nadia Mariana Valencia Sanmiguel on February 4, 2005 (file with statements rendered
before or authenticated by a notary public); sworn statements rendered by witnesses Maryuri Caicedo
Contreras, Yinda Adriana Valencia Sanmiguel and Johanna Marina Valencia Sanmiguel, and witnesses
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