74.
As regards the request by the representatives of the next of kin of the victims
and of the Commission for Colombia to carry out symbolic acts as measures of nonrecidivism and satisfaction, this Court deems that acknowledgment of responsibility
by the State is a positive contribution to the development of these proceedings and
to effectiveness of the principles that inspire the American Convention.85 Taking into
account the acknowledgment of responsibility by the State in connection with this
specific request, the instant Judgment is per se a form of reparation and satisfaction
for the next of kin of the victims.
75.
Notwithstanding the above, the Court rules that the State, as a measure of
satisfaction, must publish once, in the daily Official Gazette and in a press release of
the National Police and of the Armed Forces of Colombia, the judgment on the merits
issued by the Court on December 6, 2001 and chapter VI, Proven Facts, and
operative paragraphs 1 to 4 of the instant judgment.
*
*
76.
In this section, the Court will refer to the remains of Hernán Lizcano
Jacanamijoy, which were exhumed and which, according to the Report of the
Criminalistics Division of the Technical Investigative Corps of the Office of the
Solicitor General of the Republic, regarding the chemical analysis of the metal
residues found in the bone remains of said victim,86 are currently under keeping at
the Forensic Anthropology Laboratory of the National Institute of Forensic Medicine.87
77.
In view of the above, the Court orders the State to deliver the remains of
Hernán Lizcano Jacanamijoy to his next of kin, for them to bury those remains in an
appropriate manner. To this end, the State must cover the costs of transporting said
remains, their burial, and any other steps required to comply with this provision.
XI
LEGAL COSTS AND EXPENSES
Arguments of representatives of the next of kin of the victims
78.
The representatives of the next of kin of the victims stated that:
a)
the Colombian Commission of Jurists, in face of the objections raised
by the State in its brief with observations on reparations and at the public
hearing, made several proposals at the latter to set legal costs and expenses.
In the brief with their final arguments, the representatives proposed that legal
costs and expenses be set by the Court in fairness, and supplementarily they
85
Cf. El Caracazo Case. Reparations, supra note 2, para. 128; Trujillo Oroza Case. Reparations,
supra note 2, para. 118; and Benavides Cevallos Case. June 19, 1998 Judgment. Series C No. 38, para.
57.
86
87
Cf. processing file of the merits stage of Las Palmeras Case, sheets 831 to 856.
The complete name is Specialized Identification Area of the National Identification Section of the
Criminalistic Division of the Technical Investigative Corps of the Office of the Solicitor General of the
Republic, Forensic Laboratory of the National Institute of Forensic Medicine.
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