d) The State shall provide, free of charge, through its specialized health institutions, the
medical and psychological treatment required by the next of kin of the victims (Operative
Paragraph 9 and paragraphs 277 and 278 of the Judgment);
e) The State shall create all the necessary conditions for the members of the family of the
victim Antonio Flórez Contreras, who are in exile, to return to Colombia, if they so wish, and
cover the costs they incur as a result of their return (Operative Paragraph 10 and paragraph
279 of the Judgment); and
f) The State shall pay the amounts established in the judgment for loss of earnings for
each of the 19 victims, the expenses incurred by the next of kin of eleven victims, and nonpecuniary damages (Operative Paragraphs 12, 13, 14 and 15 and paragraphs 230, 231, 233,
234, 235, 240, 241, 242, 243, 248, 249, 250, 251 and 252 of the Judgment).
3.
The briefs of November 20, 2009, February 12, April 9, April 16, April 28 and April
30, 2010 and of January 13, July 13 and September 12, 2011, in which the State of
Colombia (hereinafter “the State” or “Colombia”) reported on the progress made in
complying with the Judgment and referred to the report submitted by the victims’
representatives (hereinafter “the representatives”) and the relatives of certain victims
regarding the measure of reparation related to the monument in memory of the victims
(infra having seen paragraphs 4 and 5).
4.
The briefs of April 5, April 14, April 15, June 16, November 25, December 21, 2010,
of June 3, June 24, July 27, and November 30, 2011, in which the representatives
submitted their observations to the State’s report, together with additional information on
compliance with the measures of reparation ordered in the Judgment.
5.
The briefs of June 28, August 2 and November 2, 2011, in which certain family
members of the majority of the victims reported some facts related to the monument in
memory of the victims, and also referred to the State’s comments in that regard.
6.
The briefs of April 5 and April 28, 2010, of April 4, August 3, November 21 and
November 29, 2011, in which the Inter-American Commission on Human Rights (hereinafter
“the Inter-American Commission” or “the Commission”) presented its observations to the
briefs of the State and of the representatives.
7.
The notes of the Secretariat of the Court of August 1 and 5 and November 3, 2011,
in which the parties were informed that the information concerning the reparation measure
related to the monument in memory of the victims would be brought to the attention of the
President of the Court and of the Court for the relevant purposes.
8.
The Orders of the President of the Court of April 29, 2010 and February 8, 2012, in
which the President summoned the parties involved to private hearings regarding nine
Colombian cases, in relation to monitoring compliance with the measures of reparation on
medical and psychological care ordered therein. These hearings were held on May 19, 2010
and on February 23, 2012, at the seat of the Court in San Jose, Costa Rica.
CONSIDERING THAT:
1.
It is an inherent power of the judicial functions of the Court to monitor compliance
with its decisions.
2.
In accordance with the provisions of Article 67 of the American Convention, the
State must comply fully and promptly with the Court’s judgments. Likewise, Article 68(1) of
2