National Army’s Fifth Brigade, the Commission noted “with concern” that this matter had
not been reported to the representatives, and that neither family members nor their
representatives had access to the sculpture. In this regard, the Commission recalled the
importance of this type of reparation measure, “for which the victims’ expectations and
needs should be taken into consideration and their proper participation should be assured.”
Accordingly, the Commission requested that the State find suitable means to transfer the
sculpture to an appropriate civilian institution for safekeeping and to take the necessary
steps so that the civil construction work can begin as soon as possible, ensuring that the
victims have access to the work and can participate in the process.
29.
Before assessing compliance with this measure of reparation, the Court deems it
appropriate to rule on the transfer of the sculpture and its storage at a military facility and
the corresponding requests of the representatives on the matter, based on the information
provided by the parties.
30.
In this respect, the Court takes cognizance of the grievances and distress expressed
by the representatives and the victims’ next of kin, regarding the fact that they were not
informed about the circumstances of the transfer and subsequent placement of the
sculpture; that they do not have access to it, and that they have not received an answer
from the State authorities contacted to resolve this situation. Given the State’s obligation to
allow the victims’ next of kin to participate in this measure of reparation, the Court does not
consider it justified that they were not properly informed, consulted or allowed to
participate in the decision to transfer the sculpture and provisionally store it at the military
facility. The Court emphasizes that, prior to its transportation, the representatives
requested information from the authorities responsible for complying with this measure of
reparation and expressed their concern over how the sculpture would be stored once it was
completed, on at least three occasions, without a receiving an answer from the State in this
regard.22 Furthermore, despite the fact that the representatives, through the Court,
expressed their concern to the State over “unofficial” information indicating that the
sculpture would be “stored at the military facility,” Colombia transported the work, stored it
at the military base and only reported this to the victims and the representatives after this
had occurred.
31.
The Court takes into account the State’s argument that the participation of military
personnel is nothing more than “harmonious cooperation between State agencies,” so that
“joint responsibility exists regarding compliance with this [measure of reparation].”
However, the Court does not consider it reasonable or necessary to subject the victims to a
situation where they feel re-victimized or humiliated, inasmuch as the monument in
memory of their relatives was stored at the facility of the State security forces considered
responsible for the violations committed against their next of kin, to which they apparently
do not have access. The State did not give any reason as to why the sculpture could not be
stored at another institution of a civil nature, nor did it mention any steps taken to find
another place to store it, with the consent of the family members. Although Colombia has
maintained that the sculpture was being stored at the Fifth Brigade base on a provisional
basis, it did not indicate an approximate date of completion for the civil construction work
and a year has passed since the sculpture was moved to the military facility. Moreover, as
22
Communication of the representatives of October 16, 2009, addressed to the Office of Human Rights and
International Humanitarian Law of the Ministry of Foreign Affairs, communication of the representatives of
November 24, 2010 addressed to the Office of Human Rights and International Humanitarian Law of the Ministry of
Foreign Affairs, communication of the representatives of December 21, 2010, addressed to the Inter-American
Court reporting on a meeting held on December 15, 2010 with the State, communications of March 29 and April
29, 2011, cited in the brief of June 3, 2011 of the representatives, and brief of June 3, 2011 containing the
representatives’ observations.
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