83
281. The Court approves the agreement on measures of satisfaction and the guarantees
of non-repetition, made between Colombia and the representatives, inasmuch as the
measures constitute a means to adequately redress the consequences of the violations
established in this Judgment, are in line with this Court’s jurisprudence, and represent a
step forward by Colombia towards compliance with the obligation to make reparations in
accordance with Article 63(1) of the Convention. Therefore, the State must fulfill all of the
obligations it assumed towards the reparation beneficiaries within the time frame and in the
manner set forth in the agreement and pursuant to paragraph 282 of this Judgment.
282. With regard to the agreed upon measures for which the time frame depended upon
the issuance of this Judgment, this Court orders that the first, fourth and seventh measures
aimed at “honoring the memory of the victims” (supra para. 277. I.1, I.4 and I.7), as well
as the measures concerning “the publication of the Inter-American Court’s Judgment”
(supra para. 277.II), be implemented by the State within six months.
283. Finally, the Court does not consider it appropriate to grant the Commission’s request
made in its final written arguments that the State be ordered to “hold a public ceremony
acknowledging international responsibility” since, under the partial agreement on
reparations and in the representatives’ final arguments, such a measure is not in dispute
and its purpose would be achieved with the implementation of other agreed upon measures
designed to honor the victims' memory and prevent repetition of events such as those in
this case.
*
*
*
284. In their final arguments, the representatives stated that they waived “[some of] the
categories of reparations requested” in their brief containing pleadings and motions, which
they deem to be “covered by the partial agreement” (supra para. 22). However, they
mentioned the “issues of reparation in dispute” (supra para. 21).
285. The State alleged that “it has adopted measures [such as those the Court ordered in
the 1996–1997 period] and on many occasions it has exceeded them”.
286. The Court shall establish four additional measures of satisfaction and guarantees of
non-repetition in addition to those approved (supra para. 277 to 282), as it deems them
necessary to adequately repair the consequences of the violations established in this
Judgment, in accordance with Article 63(1) of the Convention.
a)
Obligation to investigate the events that resulted in violations in the instant case,
and to identify, prosecute and punish those responsible
287. The Court has established in this Judgment that the domestic proceedings conducted
in the present case have not constituted effective recourse to ensure true access to justice
for the surviving victims and the next of kin declared to be victims; this requires
proceedings within a reasonable time, the factual clarification of the events, the
investigation and punishment of the perpetrators and reparation of the violations. For this
reason, the Court held the State responsible for violating Articles 8(1) and 25 of the
Convention, in relation to Article 1(1) thereof.
288. The Court established such violation, inter alia, because of the lack of due diligence
in conducting the investigation, the threats to judges, witnesses and relatives, the obstacles
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