8
Official mechanism to monitor compliance with the Judgment (operative
paragraph nine of the Judgment)
14.
That as to the obligation to establish, within six months of notification of this
Judgment, an official mechanism to perform the functions set forth in paragraph 311
of the Judgment, the State mentioned that, by means of a Record of the Permanent
Inter-Sectorial Commission on Human Rights of February 28, 2006, it was
established an official mechanism to monitor compliance with the reparations, called
"M.O.S. Mapiripán" (hereinafter, “M.O.S. Mapiripán” or “M.O.S.”). This record was
signed by the Vice-President of the Republic, the Minister of Interior and Justice, the
Minister of Foreign Affairs, the Minister of National Defense and Social Protection, the
Minister of Treasury and Public Credit, the Director of the Presidential Program on
Human Rights, the members of said Inter-Sectorial Commission, the President of the
Superior Council of Judicature, the Attorney General and the Senior Presidential
Advisor to Social Action and International Cooperation. The record defines the roles
and the different State’s entities that would participate in the mechanism.
Furthermore, the State, in due time, requested the representatives and the
Commission to appoint two persons to act as representatives of the victims in said
mechanism, according to what was established in the Judgment. On September 11,
2006 a meeting was held between the State’s entities that would participate in the
M.O.S. and the representatives of the next-of-kin of the identified victims, which
marked the official operation of the M.O.S. Mapiripán. The State emphasized that the
procedure to monitor compliance with the measures of reparations ordered in the
Judgment is being done, as the Tribunal decided, by means of the M.O.S. Mapiripán,
in which certain rules for its operation were agreed upon: monthly meetings;
required quorum; composition of the Technical Secretary; appointment of
representatives and prior consultation of the agenda.
15.
That, moreover, during the hearing the State mentioned that since its
establishment, within the framework of the M.O.S., 24 meetings have been held,
complying in this way with the duties imposed by the Judgment. It also indicated
that the mechanism is an inter-institutional program, organized by the State but one
in which the participation of the victims and their next-of-kin have been primary. It
pointed out the following achievements: periodic assessment of compliance with the
judgment; arrangement of the text, date and means to convene the next-of-kin;
processing of a sheet to collect information. It also informed that, notwithstanding
the effective term established in the Judgment, as a consequence of a meeting held
with the representatives, it was agreed that the operation of the M.O.S. would
extend until December 2009 and that, at that moment, the need to continue with it
and also, if applicable, its operative rules, would be evaluated. In this sense, the
State requested the Court to declare the compliance with this obligation and to
positively value that the operation of this mechanism has been extended, by mutual
agreement with the parties, until December 2009 in order to monitor the other
measures of reparation ordered by the Court.
16.
The representatives asserted that such mechanism has been established and
that it is working and that, in addition, the representatives of the victims were
invited to participate in it. Furthermore, they mentioned that several meetings were
held and that some activities were carried out within the framework of the M.O.S.
tending to comply with the reparations ordered in the Judgment. During the hearing,
the representatives confirmed the information presented by the State and claimed
that the M.O.S. has been a useful mechanism, which, though with some limitations,
have made important progress. Moreover, they welcomed the willingness of the
State to follow orders and invited the Court to assess the significant progress and