criminal proceedings for the State to fulfill it obligation. Failure of these
investigations cannot be attributed to lack of cooperation by the victims who
have not appeared as plaintiffs (“partie civile”) as it has been proven that
they did not have that possibility in the military criminal proceeding of 1991.
Even though in 1994 the Constitutional Court ordered in another case that
civil parties be admitted, this was not always complied with in military
criminal proceedings. Furthermore, there was a lack of trust and credibility in
Colombian criminal justice, and in several cases the next of kin did not have
sufficient resources to participate;
c)
arbitrary statements by State Agents, before local and national public
opinion, that five of the victims were guerrilla fighters, were never corrected,
despite what was set forth in the judgments by administrative-law courts
regarding their personal conditions;
d)
in this case the judgment cannot per se constitute sufficient
reparation, for which reason the State must make public its acknowledgment
of responsibility and restore the good name of the victims, by means of a writ
of satisfaction drafted by the next of kin of the victims and signed by the
President of the Republic,
in one page of two national-coverage daily
newspapers, as well as on radio and television, no later than thirty days after
the judgment on reparations has been notified. The State must abstain from
stating that Hernán Lizcano Jacanamijoy was a guerrilla fighter, and it must
carry out actions to reinstate his good name;
e)
with the aim of honoring the memory of the victims and to reestablish
their good name, they request that the State comply with the following
measures, within six months of the date when the judgment on reparations is
notified:
e.i)
to allocate the resources required to provide the school located
in the town of Las Palmeras the infrastructure and human as well as
material resources for it to adequately cover the primary education
needs of children of the neighboring villages, in such a manner that
each of the classrooms or play areas built bear the name of each of the
victims;
e.ii)
to give the name of the victims to the school in the Municipality
of Mocoa; and
e.iii) to establish a formal or musical education center in the city of
Bogotá, giving it the name of the victims.
Arguments of the Commission
63.
The Commission, in turn, asked the Court to order the State to comply with
the following measures of reparation:
a)
to complete the investigation for violations addressed in the instant
case in a serious, expedite, impartial, and effective manner, to establish the
individual responsibility of its Agents and to apply the corresponding criminal
and administrative sanctions.
Full compliance with this aspect of the
judgment of the Court is important both for the next of kin of the victims and
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