19
d) clarify whether it has been determined that Messrs. Néstor Flórez Escucha
and Wilson Molina Paredes had been victims executed or made to disappear
during the Mapiripán Massacre or whether their next-of-kin had showed up at
the M.O.S. in that sense, according to the terms of paragraph 255 of the
Judgment; and
e) The creation of a genetic information system to enable establishment and
elucidation of the kinship of the victims and their identification, under the
terms of paragraph 308 of the Judgment.
*
*
*
Adequate treatment to the victims (operative paragraph ten of the
Judgment)
50.
That as to the obligation to provide the next of kin of the victims who were
executed or made to disappear, and those who have already been identified, and
once those who have not yet been identified are, adequate treatment, the State
forwarded a report submitted within the case of the Pueblo Bello Massacre, in
relation to the characteristics of the treatment, considering that the agreement
entered into with the Ministry of Social Protection and the United States
Development Program explained in said report, would be applied to the compliance
with the Judgment of the instant case. The process of medical and psychological
treatment is being carried out in view of several judgments delivered by the Court
and it includes the following three aspects: i) it deals with psychological treatment;
ii) said technical cooperation agreement was entered into for that process and iii) the
treatment is divided into two phases: evaluation and treatment, as requested by the
representatives. Consulting services were hired to assess some of the private entities
proposed by the representatives to provide the treatment, which evidenced that such
entities were suitable for the diagnosis stage but not for the treatment stage for
which the health public network was the most appropriate. Then, these entities were
contacted, the purpose of the job was coordinated and the entities were hired.
Moreover, it emphasized that the State made available for the victims’ next -of-kin,
who require urgent treatment, a supporting mechanism with the Ministry of Social
Protection, but that until July 2008, no request was submitted to that end.
Notwithstanding that, it pointed out that by the end of 2008, the “Corporación
Centro de Atención Psicosocial”- an inter-institutional organization hired by the
victims of this case-, communicated the results obtained until then and informed that
it had diagnosed 26 out of the 53 people located ant that, in addition, some of the
people stated that they did not want the treatment; therefore, the second stage of
the treatment began, in which the medical assistance shall be provided by the
República de la Salud and the psychosocial treatment by means of the private
entities that collaborated in the diagnosis and with an international organization.
Moreover, even though the State acknowledged that there was a delay that could
have violated the confidence in the process, the State requested the Court to value
the compliance with this measure, highlighting that the diagnosis process was an
integral part of the measure and that it was also necessary to adjust the treatment
to the needs of each person. In this sense, it requested the representatives' help to
make the victims that, so far, did not want to participate in the process, aware of
their inclusion. Finally, the State mentioned that the health treatment was going to
be provided immediately after January 2009, with a preferential and comprehensive
treatment and the provision of medication.
51.
That the representatives noted that, in spite of the agreement between the
Ministry of Social Protection and the UNDP, there have been weaknesses in the