17
the next of kin and the other former habitants of that location, the State shall inform of
the measures adopted or to be implemented in seeking to guarantee adequate security
conditions in order to make the return of the beneficiaries that so wish to do so
possible.
37.
That there are, in fact, several ways to comply with this stipulation, in
consideration of possible risks verified for those people. However, the Court considers
it necessary to recall that one of the suitable measures for the generation of security
measures and guaranteeing the return of the next of kin of the victims to Pueblo Bello
is, as pointed out by this Tribunal in paragraph 275 of the Judgment, avoiding impunity
through the realization of a complete investigation and an effective judicial process,
which would result in the elucidation of the facts and the punishment of the responsible
parties.
38.
That even though the State and the representatives expressed different
opinions regarding the current security situation in the municipality of Pueblo Bello, it
has been stated that the victims of forced displacement do not wish to return.
Therefore, the State proposes that, in compliance with that ordered in the Judgment, it
grant those victims socioeconomic aid. The representatives stated their agreement
with this form of compliance, under certain conditions. Taking into account that the
State has requested that the Tribunal allow the satisfaction of this measure of
reparation through the mentioned granting of socioeconomic aid, the Court considers
that, in attention to that stated in the Judgment and in considering clauses 42 through
49 of the Judgment of Interpretation (supra Having Seen paragraph 2), the proposal
may be an adequate form of compliance, as long as it has the express support of the
beneficiaries of the reparation ordered. Given the time that has gone by since the
massacre, and taking into account the effects the forced displacement has on the
victims and the situation of risk and vulnerability to which they are exposed, this
reparation measure shall be complied with as soon as possible. Therefore, the Court
urges the State to coordinate with the victims and their representatives the meetings
and measures necessary to guarantee the safety of those victims that decide to return
to Pueblo Bello and, while those security conditions are not in place, dispose of those
resources necessary and sufficient to secure that the next of kin that have suffered the
forced displacement may resettle wherever they freely and voluntarily state, in
conditions similar to those they had prior to the facts. Alternatively, the State may
provide socioeconomic aid to those victims if that is their will and with their express
consent, and requests that the parties present complete and updated information in
this regard.
*
*
*
Public act of apology and acknowledgment of international
responsibility (thirteenth operative paragraph of the Judgment)
39.
That with regard to the obligation to hold, within a one-year term, a public act
of apology and acknowledgment of international responsibility, the Stated informed
that in April 2007 it held a meeting with the representatives in which it stated that the
public act of apology would be coordinated along with the next of kin of the victims.
The State later mentioned that there different opinions arose with the representatives
in what referred to the appointment of the State official in charge of presiding the act
of acknowledgment of responsibility, and with regard to the geographical location
where it should be held. The State had appointed the Minister of Internal Affairs and