the State, whether under that name or any other of equivalent significance, from any records in
the State’s possession in which he was referred to as such. The State must inform the Court
immediately when it has complied with the measures ordered. The one-year deadline for the
State to submit its first report established in operative paragraph 14 of this judgment does not
apply to this measure of satisfaction.
F) Other measures requested
228. The Commission asked the Court to order non-repetition mechanisms, including: a) the
revoking of certain military regulations and manuals; b) an explicit instruction from the military
and police high commands to all ranks to not use the military regulations and manuals in question
due to their incompatibility with the American Convention; and c) steps to ensure the
discontinuation of the practices created through the use of the regulations and manuals and the
concept of “the enemy within,” incorporating this case into human rights training provided to
police, military and intelligence personnel.
229. The representatives asked that the State be ordered to expressly revoke all manuals that
contain references to the concept of “the enemy within,” and to publish them on the homepage
of the Ministry of Defense’s website, where they are visible and easy to access. They also
requested that on the day they are published, the State promote and invite citizens to visit the
website, through the social media accounts of the President, the National Agency for Legal
Defense of the State, and the Ministry of Defense and the Ministry for International Affairs.
230. They also asked that the State be ordered to make the necessary improvements to the two
properties around which the family’s life revolves: the home of Candelaria Nuris Vergara Carriazo
and Pedro Julio Movilla Galarcio in the city of Bogotá, and the home of Mr. Movilla’s mother in
Montería. Furthermore, bearing in mind the way in which Candelaria Vergara has been affected
on account of her gender, they asked that the State be ordered to give her a piece of land and
the resources required to mount an agricultural production project, reflecting Candelaria’s wishes
and life ambitions.
231. The State, in response to the request to revoke the military manuals, informed the Court
that this had already been done. It also recalled that according to Law 57 of 1985 the State
reserves the right to not publicize official acts and documents related to defense and national
security, arguing that to do so would put at risk the integrity of the personnel who carry out
military operations and the civilian population. Therefore, it asked the Court to reject the request
that the manuals be published.
232. With respect to the measure regarding improvements to the properties where Pedro Movilla
and his family lived, the State did not believe there was a strong connection between that
measure of reparation and the victimizing act, and therefore rejected the pertinence or necessity
of ordering it. But it did say it was willing to come to an agreement on the measure with the
alleged victims, working with the entities concerned.
233.
The Court notes that the State has not produced the military manuals in question for
these proceedings, and has stated that they are no longer used, but no evidence has been
presented to prove that. Therefore, this Court finds that it is appropriate to reiterate its
observations in the case of Isaza Uribe v. Colombia:
It is not clear whether current military doctrine still contains notions or concepts whose
application or interpretation could place certain individuals, groups or communities
among the civilian population at risk or in vulnerable situations in the context of the
armed conflict. This raises the question of the limits of, or exceptions to, the principles
59
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