147
415. For the effects of this case, the concept of costs includes those corresponding
to the stage of access to justice at the national level, and also those referring to
justice at the international level before the two instances of the inter-American
system for the protection of human rights: the Commission and the Court.282
416. The Court has noted that the victims and their next of kin acted through
representatives, at both the domestic level and before the Commission and the
Court. Owing to the number and dispersion of the victims in this case, it is not
possible to assign compensation for costs and expenses directly to the next of kin of
the victims for them to distribute it among those who have provided legal assistance,
as has been the Court’s practice in recent cases.283 Hence, it considers it fair to order
the State to reimburse the amounts corresponding to costs and expenses directly to
the two non-governmental organizations that have represented the victims and their
next of kin in this case. Accordingly, the State must pay the sum of US$15,000
(fifteen thousand United States dollars) or its equivalent in Colombian currency, to
the Grupo Interdisciplinario por los Derechos Humanos and the sum of US$8,000
(eight thousand United States dollars) or its equivalent in Colombian currency to the
Comisi��n Colombiana de Juristas for the costs and expenses they incurred in the
domestic sphere and in the international proceedings before the inter-American
system for the protection of human rights.
XVIII
MEANS OF COMPLIANCE
417. To comply with this judgment, Colombia must make the payments for
compensation for pecuniary damage (supra paras. 371 to 379) and non-pecuniary
damage (supra para. 390) and reimbursement of costs and expenses (supra para.
416), and erect commemorative plaques to recall the events of the Ituango
massacres (supra para. 408) within one year of notification hereof. The State must
also publish the pertinent parts of this judgment (supra para. 410) within six months
of notification hereof. Also, Colombia must immediately take the necessary measures
to activate and complete effectively, within a reasonable time, the investigation to
determine the identity of the masterminds and perpetrators of the massacres and
the persons whose acquiescence and collaboration made their perpetration possible
(supra paras. 399 to 402). With regard to the appropriate treatment for the next of
kin of the victims who were executed, this should be provided immediately and for
the time necessary (supra para. 403). Lastly, the State must implement permanent
education programs on human rights and international humanitarian for the
Colombian Armed Forces, within a reasonable time (supra para. 409).
418. The payment of the compensations established in favor of the next of kin of
the victims must be made as established in paragraphs 359, 363, 364 and 390(d) of
this judgment.
282
Cf. Case of Gómez Palomino, supra note 247, para. 151; Case of the “Mapiripán Massacre”, supra
note 8, para. 323; and Raxcacó Reyes case. Judgment of September 15, 2005. Series C No. 133, para.
137.
283
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 285; Case of the “Mapiripán
Massacre”, supra note 8, para. 325; and Yatama case. Judgment of June 23, 2005. Series C No. 127,
para. 265.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents