5
12.
That, both in the Judgment on reparations (supra Having Seen clause No. 1) and in
the Orders on Monitoring Compliance with Judgment (supra Having Seen clause No. 2) as
well as its applicable case law, the Court has stressed the State’s obligation to “locate,
exhume, identify by means of undoubtedly suitable techniques and instruments, the
remains of the victims.”
13.
That, to carry out such steps with a view to securing and guaranteeing the
adequate location, exhumation, identification, custody and preservation of the remains of
the victims, as well as the release of such remains to the next of kin, and the evidence for
a proper investigation and the potential punishment of the responsible parties, it is the
Tribunal’s view that the State is to make use of suitable technical resources and that the
persons in charge of such actions are to be professionally competent, objective,
independent and impartial relative to the entities involved in the process.
14.
That, in addition, as regards the involvement of the victims of the instant case in
the various processes, in the first operative paragraph of the Judgment the Court ruled
that ”the next of kin of the victims and the surviving victims must have full access and
the power to act at all stages and in all proceedings during said investigations, in
accordance with domestic legislation and the provisions of the American Convention on
Human Rights, and that the results of those investigations must be made known to the
public.” Accordingly, the State must keep them informed and allow their involvement,
providing the required guarantees of security in the performance of the tasks of
exhumation and identification of the remains.
Therefore:
The Inter-American Court of Human Rights,
exercising its power to monitor compliance with its judgments, in accordance with Articles
33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human Rights, Articles
25(1) and 30 of the Statute, and Article 30(2) of the Rules of Procedure,
Decides:
1.
To call upon the State to adopt all such measures as may be necessary to enforce
and effectively comply with the pending aspects of the measures ordered by the Court in
the Judgment on reparations and costs of August 29, 2002, pursuant to the provisions of
Article 68(1) of the American Convention on Human Rights.
2.
To ratify the relevant portions of the Orders on Monitoring Compliance issued by
the Court on November 17, 2004 and July 6, 2009.
3.
To ask the State to take the steps required to locate, exhume, keep custody of and
identify the remains of the victims, as stated in Considering clauses Nos. 11 to 13 of this
Order.
Colombia. Merits, Reparations and Costs. Judgment of September 15, 2005. Series C No. 134, para. 224. Along
the same lines, see United Nations Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary
and Summary Executions, supra note 4.