21
operative paragraphs. Having almost three and a half years gone by, there is no
evidence that the appropriate and sufficient actions for the construction of the
monument were carried out. Therefore, this Court urges the State that if within a
month the artist chosen by the next of kin of the victims does not inform of the quote
for the elaboration of the monument, it continue with the process started with the
state entity chosen in a timely manner, taking into account the suggestions made by
the representatives that have already been informed to the State, so it may arbitrate
the means necessary to remove any possible obstacle of an administrative nature in
order to comply with this measure of reparation, whose real symbolic value as a
guarantee of non-repetition of such grave acts in the future continues to exist.
Therefore, the Tribunal will continue monitoring compliance of this measure, for which
the State shall inform of the progress and results achieves in relation to the
commitments acquired.
*
*
*
Publication of the judgment (fifteenth operative paragraph of the Judgment)
50.
That with regard to compliance with the obligation to publish certain parts of
the Judgment, within a six-month term computed as of its notification, for a single
time, in the Official Gazette and another newspaper of national circulation, the State
informed that it held a meeting in April 2007 with the next of kin of the victims and
that at the same they agreed to make the publication in an additional offprint inside
the most important newspaper of national circulation in the country (“El Tiempo”).
During the hearing, the State expressed that the publication was made on August 27,
2007 and in order to guarantee its diffusion it inserted an ad in the first page of the
newspaper “El Tiempo” indicating the publication of the additional offprint. It also
stated that the publication had been made in the Official Gazette.
51.
That the representatives acknowledged that the publications had been made
through a permanent and respectful negotiation process between the Government and
the representatives. Despite the aforementioned, they observed that “the publication
went unnoticed by the general population and therefore the objective that it have an
impact on the society, so that the facts do not occur again, was not reached,” since the
size and font of the publication were not adequate. During the hearing, they reiterated
that the ad referring to the publication was not visible. On its part, the Commission
stated that Colombia had complied with this obligation.
52.
That the Court observes that, according to that stated in the Judgment, the
State should make the corresponding publications within a six-month term. The
Commission and the representatives informed that the mentioned publication had been
made in a newspaper of national circulation and at the hearing the State presented a
newspaper article (supra Having Seen Paragraph 22). The Tribunal positively values
that informed regarding the fact that there had been an agreement in reference to the
manner in which said publication would be made and considers that the State has
complied with this provision.
*
*
*
Payment of compensations and reimbursement of costs and expenses
(Sixteenth, seventeenth, and eighteenth operative paragraphs of the Judgment)