168
iv.
to take such steps as may be necessary to ensure effective treatment
required by the next of kin of the victims (infra para. 312); and
v.
to coordinate such actions as may be necessary for the next of kin of the
victims, as well as other former inhabitants of Mapiripán, who have been
displaced, to be able to return safely to Mapiripán, if they wish to do so
(infra para. 313).
d)
Adequate treatment of the next of kin of the victims
312. The Court deems that it is necessary to order a measure of reparation to seek
a reduction of the psychological problems of all the next of kin of the victims who
were executed or made to disappear. With the aim of contributing to reparation of
that damage, the Court orders the State to provide adequate treatment as required
by those persons, free of cost and by means of the national health services, after
they consent to it, upon notification of the instant Judgment in the case of those
already identified, and upon identification of others who have not yet been
individually identified. This must done for as long as necessary, including medication.
When psychological treatment is provided, the specific circumstances and needs of
each person must be taken into account, so they are given collective, family and
individual treatment, as agreed with each one of them and after an individual
evaluation.
e)
State guarantees of safety of the
municipality of Mapiripán who decide to return
former
inhabitants
of
the
313. The Court is aware that inhabitants who left Mapiripán do not wish to return
to the town because they are afraid that they will continue to be threatened by the
paramilitary. It is possible that said situation will not change until an effective
investigation and judicial proceeding have been completed, resulting in elucidation of
the facts and punishment of those responsible. When the former inhabitants decide
to return to Mapiripán, the State must guarantee their security. For this, the State
must send official representatives to Mapiripán every month during the first year, to
verify order and conduct consultations with the residents in the town. If during
these monthly meetings the townspeople express concern regarding their safety, the
State must take such steps as may be necessary to ensure it, and these actions will
be designed in consultation with the beneficiaries of the measures.
f)
Public apology and acknowledgment of international responsibility
314. For purposes of a public apology for the facts in the Mapiripán Massacre to the
survivors and the next of kin of the victims, the Court appreciates the partial
acknowledgment of international responsibility by the State during the public hearing
on March 7, 2005 with regard to the instant case. At that time, the State expressed
that:
It asserts the State’s policy of promoting and protecting human rights, and it expresses
its deep respect and sympathy for the victims of the facts that took place in Mapiripán in
July 1997, and it evokes their memory to state its regret and to apologize to their next
of kin and to Colombian society.
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