14
process to formulate a search plan, which would be presented by the Prosecutor on
April 30, 2009, based on the information contained in the court file, the national
protocol to search for disappeared people and the participation of the plaintiff.
22.
That the representatives stated that the only search was conducted in
November 2005, a year after the delivery of the Judgment and 18 years after the
occurrence of the facts, and that the search has not been taken up again by the
authorities in charge of the investigation due to the lack of resources.
The
representatives do not accept that the next-of-kin be summoned to render a
statement if they do not know the purpose of said testimony, since they have
presented the information they already know to the authorities and they do not know
the whereabouts of their loved ones. On March 3, 2009 the Prosecutor in charge of
the case ordered some measures tending to conduct a search for the disappeared
people; for this reason, the Prosecutor requested the Technical Bureau of
Investigations of the Solicitor General’s Office the appointment of a "special and
exclusive” team to plan the search in the case at. Progress has been made in the
design of the search plan with the contribution of the representatives in their
capacity as plaintiffs, who presented a proposal for the formulation of a strategic
search plan made up by the Colombian Interdisciplinary Team for Forensic Work and
Psychosocial Services (EQUITAS). In this regard, the representatives emphasized
that this project is the result of the hearing convened by the Court; therefore, it is
essential for the State to continue with the procedure, providing the Prosecutor in
charge with all the necessary technical, economic and scientific resources and to
order security measures to carry out the research in the field.
23.
That the Commission valued the will expressed by the State. It pointed out
that it is vital to devise and execute a search plan, based on the necessary resources
to carry out all actions and it also called for responsiveness and execution in this
process of search that has been practically bogged down since November 2005.
24.
That this Court notes that only one search procedure has been carried out
since the delivery of the Judgment in the instant case in the year 2004 and that since
November 2005, no other procedure has been conducted. Therefore, upon the
acknowledgment of the commitments made by the State in this sense, the Tribunal
considers it is of vital importance to devise and develop, as practicable as possible, a
plan to search for the mortal remains, pursuant to specialized technical and scientific
parameters, since the passage of time hinders the effective execution of this
measure of reparation. Furthermore, the State cannot seek protection in the lack of
economic resources in order not to expedite the investigation and search of the
remains. In this regard, the Court has not received information on the presentation
of said plan by the Prosecutor, which should have been submitted by April 30, 2009,
according to the own commitments made by the State (supra Having Seen clause
14). Therefore, in the next reports, the State, the Commission and the
representatives shall have to provide updated information in this respect.
*
*
*
25.
That in relation to the obligation to erect a monument in memory of the
victims and, in a public ceremony in the presence of the next of kin of the victims, to
place a plaque with the names of the 19 tradesmen (operative paragraph seven and