-5the National Hospital Network. The representatives expressed the
convenience of signing an agreement with a specialized private health
organization;
d)
in the meeting held on June 26, 2005 they requested that a study be
carried out to determine which would be the conditions offered by the State
to the next of kin of the victim Antonio Florez Contreras so that they could
return to Colombia, if they decided to do so; and
e)
they expressed that they would be in conditions to receive the
payment as presented, as long as Colombia assumes the transaction cost of
making the security effective before its expiration, that is, that the next of kin
of the victims receive the amount of money set in Colombian Pesos or dollars
of the United States of America.
5.
The brief of July 26, 2005 and its Appendixes, through which the State
forwarded a report on compliance with the Judgment, in response to that stated in
the twenty-third operative paragraph of the same. In synthesis, Colombia expressed
the following:
a)
regarding the obligation to investigate, through the order of May 7,
2005 the Specialized Public Prosecutor of the Unit of Human Rights and
Humanitarian International Law included the Judgment of the Court in the
case file it is following before that entity (established fact 87), “having that
act in itself a reparatory nature because it proves the interiorization of the
international decision.” Likewise, it indicated that, according to the principles
of legality and res judicata, it cannot “analyze” the actions and decisions of
the military criminal justice with regard to the judicial situation of the former
soldiers investigated, that it must present copies to the Comptroller General
of the Nation of the judgment of the Inter-American Court so that, once it has
analyzed it and if it considers it appropriate, it may start the action of revision
within the criminal process started by the military criminal justice. Besides,
the Judgment of the Court was included in the administrative-law proceedings
followed before the Administrative Court of Santander;
b)
regarding the search for the remains of the victims, through auto of
May 7, 2005 the Special Prosecutor considered that it would proceed to
reopen the investigation in its preliminary stages in order to allow the
development of investigative activities tending to achieve the location of said
remains, “without detriment of the fact that upon the appearance of elements
of judgment that may compromise the responsibility in the facts of any
citizen, the corresponding criminal action be started,” and decided to “reopen
the investigation in preliminary stages that was started for the kidnapping
and subsequent murder of Alvaro Lobo Pacheco, Gerson Javier Rodríguez,
Israle Pundor Quintero, Angel Maria Barrera, Antonio Flores Contreras, Carlos
Riatiga, Victor Manuel Ayala, Alirio Chaparro Murillo, Huber Perez, Alvaro
Camargo, Rubén Emilio Pineda, Gilberto Ortiz Sarmiento, Reinaldo Corso
Vargas, Luis Hernando Jáuregui, Juan Bautista Alberto Gómez, Luis Domingo
Sauza, Juan Alberto Montero, and José Ferney Fernandez, according to the
facts occurred in the month of October 1987, in the surroundings o the road
to the city of Cúcuta which leads to Medellín.” Said investigation has number
087-A and in it several tests have been ordered tending to find the remains of
the victims, among which we can mention, “work order to the human rights