12
applications and actions taken in relation to 20 applicants and the "results related to
promotions and appointments” up until December 2008. In its report of October 5,
2009, Colombia further alleged that it was necessary to report that, as from 2009, "the
Prosecutor General's Office is implementing a reform process to create an administrative
career structure for these positions” and that a “restructuring” was being carried out.
Colombia also indicated that, in this context, a next-of-kin stated that a decision ruled in
his favor on a recourse of amparo, filed because he was not appointed as Deputy
Prosecutor even though his name was included on the list of potential candidates, and
that he would inform the Court on the outcome of this issue. The State requested the
Court to declare “it is complying” with this reparation measure.
51.
The representatives noted that the State has been offering job vacancies at the
Prosecutor’s Office to some relatives of the next-of-kin, and expressed that they agree
with the State on the fact that “it is complying with this reparation measure," without
damaging the need to resolve "some difficulties that have arisen in the Prosecutor’s
Office.” The representatives stated that they understand that “the State will continue
offering job vacancies within the limits of its legal power and that the Court will continue
monitoring compliance with this reparation measure.”
52.
The Commission took note of the information presented by the parties regarding
this measure. Moreover, the Commission indicated that it "took note with satisfaction" of
the information presented by the State on the execution of activities to honor the
commitments made, as well as the observations of the representatives that confirm the
progress made to that end, and “[that] it [was] waiting for information on the effective
and full implementation of all the aspects of reparation.”
53.
According to the information furnished and since the State requested the Court to
declare that “it is complying with this measure,” and the representatives agree with the
State, the Tribunal values the actions taken by Colombia and considers that the State
has been fulfilling the measure to provide scholarships to the victims and their next-ofkin. This Tribunal considers it necessary for the State to present updated information on
compliance with this measure and to continue with its implementation. Furthermore,
given that Colombia has been complying with this reparation measure, the Tribunal
considers it appropriate to require the representatives to communicate, in their
observations on the State’s report (infra operative paragraph three), whether they
consider there are other victims or next-of-kin who would be interested in benefiting
from this reparation.
*
*
*
Obligation to investigate the facts, identify, prosecute and, if applicable,
punish the responsible
54.
In relation to the obligation to effectively conduct the criminal proceedings
currently underway and those that have yet to begin, and adopt all measures necessary
to clarify the facts of the present case in order to determine the responsibility of those
involved in the aforementioned violations (operative paragraph nine of the Judgment),
the State requested that "the information furnished regarding the investigation not be
included in any kind of public document, as this information is partly in the preliminary
phase and, thus, confidential.” Furthermore, the State indicated that the victims’
representatives have active participation in the proceeding as civil parties, “which allows