5
12.
That, as regards the obligation to publish the results of the proceedings, the
State initially reported that it was making the necessary arrangements for the
criminal review judgment rendered by the Supreme Court of Justice in June 2008,
which had become final,7 to be published. At the private hearing (supra Having Seen
No. 7), the State specified that it did publish the original and appellate criminal
judgments as well as the criminal review documents on the “web pages” of the
Ministry of Foreign Affairs, the National Police Department, the Ministry of Defense
and the Office of the Vice President of Colombia. Moreover, it noted that, in
particular, a decision was made to have all websites of the presidential human rights
program of the Office of the Vice President of Colombia and the site of the Ministry of
Foreign Affairs permanently carry the judgments rendered by the Inter-American
Court in connection with Colombia, including the various procedural instruments that
may be relevant. The State also noted that, even though these judgments will be
available for a period of two months on the home page of the National Police
Department’s site, a decision was made to have the “link” of the legislation page
“permanently” display the judgments. It was the State’s view that, by doing so, it had
complied with its obligation to “publish the results of the proceedings.” Lastly, the
State addressed a “text” it sent to the representatives for consultation purposes, to
coordinate the publication of the judgments, as these “extremely lengthy, […] and in
legalese and not accessible to all the public;” it thus explained that the text was
intended to serve as an introduction to the judgments at the time of their publication.
As to the disagreement referred to by the representatives in this regard (infra
Considering clause No. 13), the State noted that it was “open” to discussing and
agreeing on the terms of the aforementioned introductory text.
13.
That, at the private hearing (supra Having Seen clause No. 7), the
representatives pointed out that, on January 12, 2010, the State sent them a text,
for consultation purposes, related to the alleged publication of the aforementioned
court decisions (supra Considering Clause No. 12), even though they were not
afforded “an opportunity to express [their] observations.” They stressed the fact that
the State published two conflicting judgments, i.e. the original and appellate
judgments, and that this is not consistent with the spirit of the measure of reparation
ordered by the Inter-American Court, i.e. to “make the truth known, for Colombian
society to know.” According to the representatives, the Judgment on reparations
rendered in the instant case (supra Having Seen clause No. 2), “mentions that the
State must publish the results of the investigation, and the result of the investigation
is the final judgment, the one that becomes res judicata, […] and the judicial
proceedings became absolutely final upon the rendering of the judgment of the
Superior Court,” not upon the criminal review judgment [casación], as the latter
judgment did not rule thereon. The representatives considered it necessary for the
Court to “ask the State to arrange for [the] publication in a manner [such] that the
measure of reparation truly fulfills its established purpose.”
14.
That, at the private hearing (supra Having Seen clause No. 7), the InterAmerican Commission noted that, “in general, measures of reparation are intended
for the benefit of the victims and that, in the Commission’s view, this has always
7
Cf. Case of Las Palmeras v. Colombia. Monitoring Compliance with Judgment. Order of the
President of the Inter-American Court of Human Rights of December 7, 2009, Considering clause No. 7.