18
members of the Flórez Contreras family to return to the city of Ocaña. According to
the State, this measure of reparation should focus on the evaluation of the risk in
relation to the families and not the city, since the State considers that “the city of
Ocaña is a safe place for all its inhabitants.”
36.
That the representatives consider that the State must comply with the
necessary conditions so that said family returns, that is, that the State must show it
has satisfied the necessary conditions in the city of Ocaña for their return.
37.
That in the previous Orders, the Court indicated that “it is necessary for the
State to inform on the commission of a study on the risk and threat, in a way to
determine the necessary measures it will implement for the return of the members of
said family if they so wish.” (supra Having Seen 2 and 3)
38.
That this Court notes that the State mentioned that "the risk analysis of the
members of [...] [Flórez family] must be made once they have expressed their will to
return"; therefore, there would be a discrepancy in the manner to execute this
measure, specifically, as to whether the risk analysis must be made in relation to the
city of Ocaña or in relation to the members of the family once they express their will
to return.
39.
After the hearing, the State informed that it agreed with the representatives
“on a way to begin with the activities tending to such compliance.” However, the
representatives mentioned that they had to resume the conversations with the State
in that respect and they also asserted that the State has to prove it has created an
efficient situation to make their return possible. Moreover, the Commission
considered it was necessary for the State to inform on the steps taken to create the
necessary conditions for the return of the next-of-kin if they so wish.
40.
That this Court values that the State and the representatives had tried to
come to an understanding to proceed with the compliance with this obligation.
Certainly, there are several ways to comply with this provision, in view of the
possible risks there exist for those people. Hence, it is necessary for the national
authorities to learn on the willingness of said family to return to Colombia, as well as
the conditions required and, finally, the place they would return to. It falls upon the
State the obligation to take the necessary actions to determine the above mentioned
and the representatives must fully cooperate with it. As has been established in the
Judgment, the State must establish and ensure the necessary conditions for the
members of the family, who are in exile, to return to Colombia, if they so wish. If
that is the will of the victims, the State shall inform on the specific and precise
measures adopted or to be implemented to establish the appropriate conditions for
the return of the Flórez Contreras family, taking into account the risk they may face
in relation to the place they wish to return to in Colombia.
*
*
*
41.
That in relation to the obligation to pay special attention to guaranteeing the
lives, safety and security of the persons who made statements before the Court and
their next of kin, and provide them with the necessary protection from any persons,
bearing in mind the circumstances of this case (operative paragraph eleven and