312. The representatives asked the Court to order the State to “produce audiovisual material (film
or documentary) that reconstructs the facts of the case, in consultation with the victims and their
representatives, and in accordance with the Court’s Judgment.” They also indicated that
compliance with the measure would be part “of a public campaign that highlights the civilian
population status of the victims of the massacre and counters the stigmatization [to which] they
were subjected as supposed members of the guerrilla or collaborators with the insurgency.”444 The
Commission did not present specific arguments with regard to this measure of reparation. The
State referred, in general, to article 149 of Law 1448 of 2011 (Victims Act) and indicated that it
had adopted legal, administrative and other measures to avoid the repetition of the facts, including
verification of the facts and the complete public dissemination of the truth, insofar as this did not
cause more unnecessary harm to the victims, the witnesses or other persons, or create any danger
to their safety.
313. Regarding this request, the Court recalls that it has not found that the alleged violation of
the right to honor of the victims of the events of Santo Domingo has been proved; therefore, it
does not find it pertinent to order the measure requested.
314. The representatives asked the Court to order the State to guarantee the life and personal
integrity of all those victims who have been taken part in the processing of the proceedings and,
subsequently, in the judgment delivered by the Court. They added, “[s]pecifically as regards
guarantees for participation in the criminal proceedings, taking into account the murder of Ángel
Trifilo (witness to the massacre and the subsequent events), as well as the facts that the Court
was advised of by the representatives in a communication of May 30, 2012, related to pressure
and harassment against the victims of Santo Domingo.”
315. The Court considers that no arguments or evidence was forwarded that supports the
representatives’ request, so that it is not appropriate to order this measure of reparation.
316. The Commission asked the Court to order the State to “adopt such measures as may be
necessary to prevent a repetition of patterns of violence against the civilian population in keeping
with the duty to protect and ensure the fundamental rights recognized in the American Convention.
The representatives considered that the State “must adopt […] the necessary legislative,
administrative and other measures to guarantee, effectively, the non-repetition of events such as
those that occurred in this case.”445 As part of this process, it must ensure that the laws regarding
the disproportionate use of force and use of weapons ensure the highest possible level of
protection for the citizenry.”446 The State did not present specific arguments in this regard.
317. Regarding the measure of reparation requested, the Court observes that, in the instant case,
it had not been proved that the alleged shortcomings in domestic law had resulted in noncompliance with the obligation to adopt provisions of domestic law contained in Article 2 of the
444
In addition, they stated that this material “should be transmitted, in keeping with the authority of the National
Television Commission, by public and private channels at peak time, and used in the training courses for the Military Forces,
as a means of counteracting the judicial and extrajudicial public defamation of the victims carried out by members of the
Military Forces by the preparation of the video La Verdad sobre Santo Domingo, and its dissemination on several television
programs and television news programs.
445
In particular, they asked the Court “to order Colombia to undertake the necessary legal, administrative and other
measures to avoid the repetition of similar events, not only in relation to the Colombian Armed Forces, but also, as a
priority, it should adopt preventive measures in relation to the activities of foreign security and surveillance companies and
extractive companies on Colombian territory, precisely to prevent possible human rights violations.”
446
They asked, in particular, for the incorporation of protocols, guidelines and laws for the protection of the civilian
population and their property in accordance with humanitarian law for the conduct of hostilities, in the design, planning and
execution of counterinsurgency airborne operations, as well as control mechanisms to avoid the repetition of similar events
to those that occurred in the massacre of Santo Domingo. They also asked the Court to order the State: (a) to abstain from
using procedural obstacles such as the expiry of time frames, prescription, res judicata, the principle of non bis in idem,
amnesty laws or any other mechanism tending to exempt those who took part in the events of responsibility. In particular,
those related to the constitutional reform known as the “legal framework for peace,” and (b) “to remove immediately the de
facto and de jure procedural obstacles generated during the proceedings before the military criminal justice system,
adapting the necessary normative, practical and jurisprudential mechanisms to ensure that all those responsible are
investigated, prosecuted and punished proportionately.” Lastly, it asked the State to prohibit members of the Military Forces
accused of severe human rights violations from continuing to fail to serve their sentences on military premises.”
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