166
304. Regarding this matter, the Court reiterates its jurisprudence constante293 that
no domestic legal provision of law can impede compliance by a State with the
obligation to investigate and punish those responsible for human rights violations.
Specifically, the following are unacceptable: amnesty provisions, rules regarding
extinguishment and establishment of exclusions of liability that seek to impede
investigation and punishment of those responsible for grave human rights violations
–such as those of the instant case, executions and forced disappearances. The Court
reiterates that the State’s obligation to adequately investigate and to punish those
responsible, as appropriate, must be carried out diligently to avoid impunity and
repetition of this type of acts (supra para. 297).
b)
Identification of the victims of the Mapiripán Massacre and their next
of kin
305. The Court deems it indispensable for the State, for purposes of reparation, to
individually identify the victims who were executed and made to disappear, as well
as their next of kin. The Court appreciates the actions undertaken by the State to
recover the remains of persons executed in Mapiripán who were thrown into the
Guaviare River. The State must complete said tasks, as well any others that may be
necessary, for which it must resort to all possible technical and scientific means,
taking into account pertinent provisions regarding this matter, such as those set
forth in the United Nations Manual on the Effective Prevention and Investigation of
Extra-Legal, Arbitrary and Summary Executions. This obligation includes the duty to
identify the victims listed with their first name, with a name and a nickname, with
only a nickname or with a position, that is, a black man called N.N. Nelson (black
man), Teresa ‘la Muerte’, ‘la Arepa’ and the ‘President of Asociación Danta”, Agustín
N.N., el Pacho N.N., Teresa N.N or Teresa “la muerte”, N.N. “la arepa”, N.N. Morales,
a body identified as N.N, an unidentified male, a woman from the corregimiento of
Charras and a man from La Cooperativa N.N. (supra para. 96.52), as well as those
who are individually identified after notification of the instant Judgment.
306. To make individual identification effective and feasible, the State must publish
an announcement by means of a radio broadcaster, a television broadcaster and a
newspaper, all of them with national coverage, stating that it is attempting to
identify the victims executed or made to disappear during the Mapiripán Massacre,
as well as their next of kin, with the aim of recovering the remains of the former and
delivering them to the latter together with the pertinent reparations. It must take
the appropriate actions to identify the next of kin of Jaime Pinzón, Raúl Morales,
Edwin Morales, Manuel Arévalo, Omar Patiño Vaca, Eliécer Martínez Vaca, Uriel
Garzón and Ana Beiba Ramírez, to give them the pertinent reparations. In the case
of said victims who have been individually identified with their name and surname,
as well as those for whom there is only a name, a name and a nickname, or only a
293
See Case of the Moiwana Community, supra note 4, para. 206; Case of the Serrano Cruz Sisters,
supra note 11, para. 172; Case of the Gómez Paquiyauri Brothers, supra note 182, para. 175; Case of the
19 Tradesmen, supra note 190, para. 262; Case of Molina Theissen. Reparations. Judgment of July 3,
2004. Series C No. 108, paras. 83 to 84; Case of Myrna Mack Chang, supra note 5, paras. 276 to 277;
Case of Bulacio, supra note 193, para. 116; Case of the Caracazo. Reparations. Judgment of August 29,
2002. Series C No. 95, para. 119; Case of Trujillo Oroza. Reparations. Judgment of February 27, 2002.
Series C No. 92, para. 106; Case of Barrios Altos. Interpretation of the Judgment on the Merits. Judgment
of September 3, 2001. Series C No. 83, para. 15; Case of Barrios Altos, supra note 246, para. 41; Case of
Castillo Páez. Reparations. Judgment of November 27, 1998. Series C No. 43, para. 105, and Case of
Loayza Tamayo. Reparations. Judgment of November 27, 1998. Series C No. 42 para. 168.
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