102
her family, […] and I also know that María Bustos lost her two brothers […]. People said
that the town had been emptied[, that] they finished everyone off.211
143. After the facts of July 1997, most of the population of Mapiripán left the town;
many of the next of kin were forced into internal displacement in Colombia and,
since then, many of them have suffered very bad living conditions (supra para. 96.63
and infra paras. 169 to 189). The facts in this case have generated a deep state of
fear, anguish and powerlessness 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.
This is
demonstrated by the fact that only one of the next of kin has, according to the
records, been involved in the criminal proceeding as a civil party and that only the
next of kin of four executed or missing victims have begun administrative-law
proceedings. Said situation has been decisive, also, in the fact it has only been
possible to identify the next of kin of some of the victims of the massacre.
144. The next of kin of the victims have suffered damage due to the latter’s
disappearance and execution, due to lack of support by State authorities in the
search for those missing and the fear to begin or continue the search for their next
of kin in face of possible threats. Since most of the victims are missing, the next of
kin have not been able to adequately honor their deceased beloved ones. All the
above, in addition to affecting their physical and psychological wellbeing, has had an
impact on their social and work relations, has altered their family dynamics and, in
some cases, has placed the lives and the right to humane treatment of some of their
members at risk. (supra paras. 96.141, 96.145 and 96.175).
145. In the instant case, there has not been a complete and effective investigation
of the facts of July 1997, as will be analyzed in this chapter and in the section on
Articles 8 and 25 of the American Convention (infra paras. 195 to 241). In other
cases, said lack of effective remedies has been considered by the Court to be a
source of additional suffering and anguish for the victims and their next of kin.212
Due to partial impunity, the next of kin have suffered deep anxiety regarding the
possibility of facing hostile actions if they return to Mapiripán.
146. Beyond the above, in a case such as that of the Mapiripán Massacre, the
Court deems that no evidence is required to prove the grave impact on the mental
and emotional well-being of the next of kin of the victims. Furthermore, the fact that
the very circumstances of the case have not allowed the national authorities, as well
as this Court, to have more information on other next of kin of the victims, makes it
reasonable to presume that all of these, whether identified or not, suffered the
extreme circumstances of the massacre or its consequences. Thus, the Court deems
that the next of kin of the victims individually identified in this proceeding (supra
paras. 96.137 to 96.173), as well as those who have not been identified, must also
be considered victims of the abridgment of the right to humane treatment, embodied
in Article 5(1) and 5(2) of the Convention, in combination with Article 1(1) of said
treaty.
211
See statement by Mariela Contreras Cruz, rendered before the 21st Notary Public’s Office of the
Circuit of Bogotá, on December 22, 2003 (file with appendixes to the brief containing pleadings and
motions, appendix 69, page 4177).
212
See Case of the Moiwana Community, supra note 4, para. 94, and Case of the Serrano Cruz
Sisters, supra note 11, paras. 113 to 115.
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