7
issue, refer to the proposal made by the representatives (supra seventeenth
considering paragraph).
d)
Regarding the twentieth operative paragraph of the judgment
20.
With regard to the obligation to erect a plaque in an appropriate public place in
La Granja and in El Aro, the State indicated that “through the Superior Council of the
Judicature it had carried out the internal administrative actions required to contract
the elaboration of the plaques with the text suggested by the State.” In this regard,
the State clarified that, when it implemented this measure, it had not received the
representatives’ response. The State “regret[ted] that it had not reached agreement
on the matter with the victims’ representatives” and indicated that it hoped “to have
their collaboration for the erection of the plaques and the participation of the victims in
that event.” During the private hearing, the State indicated that “the Court […] had
endorsed the measures taken by the State and [the] plaques have been made and are
ready to be taken to the solemn act” with the text that it had advised to the Court;
therefore, it continued to await the agreement with the victims in order to erect them.
21.
The representatives clarified that the reason why they “had not responded in
writing to the State’s proposal” was because they had approached “the matter […]
erroneously […] as [a measure of reparation compliance with which was] connected to
the public act” of acknowledgement of State responsibility. Regarding the texts that
the State proposed for the plaques, they indicated that they “find them inadmissible,
because they do not reflect what the Court declared proven in the judgment in the
case; particularly, the direct participation of members of the Army in the events of El
Aro and the participation of paramilitaries acting in connivance with law enforcement
personnel in the case of La Granja.” In addition, they proposed a text that, in their
opinion, should be inscribed on the plaques. The representatives acknowledged and
appreciated that “the State had abstained from imposing its criteria unilaterally,” and
asked the Court whether “the State may – in this particular case and following
agreement on the text – come to an agreement with the victims and next of kin,
through their representatives, on the best time and place to erect the commemorative
plaques, without it being understood that the State had failed to comply with this
aspect of the judgment.” During the hearing, they emphasized that the text “is
inadmissible” and that they “will not approve it”; consequently, they asked the State
to “open up the possibility of [negotiating] the text.”
22.
The Court recalls that, the Order of July 7, 2009 (supra second having seen
paragraph), clearly indicated that, if the representatives did not present observations
on the State’s proposal within three months, it would be understood that they agreed
to it, and consequently the State could proceed to implement it. The representatives
delayed one year in sending their comments on the text proposed by the State for the
elaboration of the plaques, and this was after the said time limit had expired. The
Court observes that, during the hearing, the State put on record its willingness to
negotiate the placement of the plaques, while the representatives stated that they
were also open to discuss the text. Consequently, the Court asked the State, the
Commission and the representatives to advise whether they can reach an agreement
on the content of the plaques, respecting the terms of the judgment, as well as the
way in which they will be erected
e)
Regarding the other operative paragraphs of the judgment