Johana Carolina Lizcano Jacanamijoy (daughter)
María Córdula Mora Jacanamijoy (sister)
US $6,000.00
US $2,500.00
61.
It has been proven in these proceedings that some members of the police and
other officials distorted evidence regarding what happened at Las Palmeras and
persecuted the next of kin of the victims, subjecting them to affront, maltreatment,
and insults. It has also been proven that this happened mainly in Mocoa. Since this
is a small town and taking into account the evidence supplied, it was there that the
State authorities primarily persecuted the next of kin of the victims. Therefore, the
Court deems it appropriate to rule that the next of kin of the victims not included in
paragraphs 56 to 60 who were living in Mocoa at the time of the facts judged in
these proceedings and who continue to live there until today, should likewise be
indemnified for the maltreatment suffered. The Court also deems that for the
purposes of this case, the fact that next of kin not included in paragraphs 56 to 60
demanded prompt conclusion of the proceedings instituted before domestic entities is
sufficient evidence of affective ties. It should be pointed out that these must be
explicit requests for prompt punishment of those responsible. Since, given the
circumstances of this case, it is not possible to individualize the next of kin who are
beneficiaries of this paragraph 61, each of them will receive US$ 6,000.00 (six
thousand United States dollars) if they are parents or children, and US$ 2,500.00
(two thousand five hundred United States dollars) to each of the siblings. In any
case, they must demonstrate before the competent authorities in Colombia, in
addition to the family ties, the fact that they have lived continuously in Mocoa or that
they appeared before domestic entities, within six months of the date this judgment
is notified.
X
OTHER FORMS OF REPARATION
Arguments of the representatives of the next of kin of the victims
62.
The representatives of the next of kin of the victims asked the Court to order
the State to carry out certain measures of satisfaction or non-recidivism, base on the
facts that:
a)
there has been no conviction in Colombia in connection with the facts
of the case; the three persons accused of the death of six of the victims have
not been detained, and the proceedings are stagnant, and given the estoppel
decision regarding the investigation, issued on June 26, 2002 with respect to
37 of those accused, the facts may remain unpunished. This resolution was
declared firm, without it being contested by the State to avoid its becoming
res judicata, and therefore the State took no steps to comply with the
provisions of the judgment on the merits, and the possibility of
comprehensive elucidation of the facts has been closed. Therefore, the Court
should order the State, as reparation for the right of the next of kin to the
truth, to establish an investigative group, with the status of a truth
committee, to elucidate how the fact occurred and to submit a report in this
regard to the Court;
b)
it is an obligation of the State to render justice and to ensure the next
of kin of the victims that the authors of the violations are adequately
punished with the aim or eradicating impunity. Ten years later it is not
possible to point out to the victims that it was their duty to participate in the
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