4
ordered, which the Court considered necessary to adequately repair the consequences of
the violations declared in the Judgment.
*
*
*
Partial agreement in relation to some reparations measures
(operative paragraph eight and paragraph 277 of the Judgment)
The installation of a plaque and a photographic gallery in a visible place at the
Courthouse of San Gil municipality, Santander department.
8.
In relation to the obligation to install, in a visible place at the Courthouse of San
Gil municipality, Santander department, a plaque with the dates of the events and the
name of the victims and a photographic gallery of the victims, as well as the obligation
to broadcast the ceremony on the official channel. In said ceremony the plaque and the
photographic gallery would be installed (paragraph 277(I)(1) of the Judgment), the
State communicated that it had prepared the plaque and, at a meeting in April, 2009, it
had proposed a date to install it to the representatives. The date was not accepted by
the representatives. Therefore, since then, the State has been waiting for the victims’
representatives to propose a date [to install it].” Colombia requested the Court to
declare that “it has complied with the creation of the plaque that shall be placed at the
Courthouse of San Gil.”
9.
The representatives corroborated the information presented by the State and
explained that they could not accept the date proposed by the State since “they were
not notified of the act in advance so as to ensure a large presence of next-of-kin and [to
be able to] organize the corresponding logistical issues.” They stated that, due to the
great importance of agreeing on the ceremony with the victims, they requested the
State to suggest an alternative date in order to have “enough time to notify the victims
and their next-of-kin about the event and to request their views on the matter, to agree
on the structure of the ceremony and the participation of the victims thereto, and to
coordinate the logistical issues.”
They requested the Court to keep monitoring
compliance with this reparation measure.
10.
The Commission noted with satisfaction the information presented on the
development of the activities to comply with this reparation measure and stated that it
was waiting for information on its effective implementation.
11.
The Court positively values the actions taken by the State so far in order to
comply with this measure, and especially its willingness to coordinate with the
representatives regarding its implementation. These actions constitute partial
compliance with this reparation measure. The Court recognizes the willingness of the
representatives to fully satisfy the expectations of the victims and their next-of-kin, as
shown by coordinating the different aspects of the event to install the plaque with them.
By doing so the measure will fulfill its aim to honor the memory of the victims and
magnify the impact of this symbolic commemorative measure. However, taking into
account that the plaque has been ready for installation in the Courthouse of San Gil
since April 2009, and that the representatives have still not proposed a date to carry out
the corresponding event, the Court urges the representatives to propose, within three
months following notification of this Order, a date to the State in order to finalize the
implementation of this reparation measure. If the representatives do not communicate
such a proposal to the State, the State could continue to take action to proceed with the