conflict continue to be present in Riosucio, which fosters a situation that gives rise to violence and insecurity. 459. The Court indicates that, as a result of the State’s failure to comply with its obligation to ensure the right to collective ownership (supra paras. 353 and 358), the communities of the Cacarica have suffered harm that goes beyond the mere detriment to their collective wealth. The body of evidence reveals that they have a special relationship with the lands they inhabit and that, consequently, they were profoundly affected not only by being dispossessed of these lands, but also by the fact that the illegal exploitation of the natural resources by third parties was permitted. Accordingly, in order to avoid a repetition of such acts, the Court orders the State to restore the efective use, enjoyment and possession of the territories recognized by law to the Afro-descendant communities assembled in the Cacarica Community Council. 460. The Court is also aware that the members of the Cacarica communities feel inseure, particularly owing to the presence of armed agents. It is possible that this situation will not change until public order is re-established and until effective investigations and judicial proceedings are conducted that result in the clarification of the facts and the punishment of those responsible. Therefore, the Court considers, as it has in other cases, 732 that the State must guarantee that the conditions of the territories that the State must restitute, as well as of the place where the members of the Cacarica communities live at present, are adequate for the safety and decent life of those who have returned and also of those who have not yet done so. To this end, the State must send periodically – at least once a month – official representatives to the territories from which these persons were displaced and, in particular, to the Peace Communities (“Esperanza de Diós” and “Nueva Vida”), for the five years that follow notification of this Judgment, in order to verify the situation of public order and, consequently, they must meet with the communities or the designated representatives of the latter. If, during these monthly meetings, the inhabitants of the communities express concern about their safety, the State must take the necessary measures to guarantee this, and these measures must be designed in collaboration with the beneficiaries of such measures. 461. The Court finds that it is not appropriate to order other additional measures requested by the representatives. Nevertheless, the domestic reparation programs refer specifically to housing programs and to land restitution mechanisms, as well as to other measures of rehabilitation, satisfaction and non-repetition.733 Consequently, the victims in this case should also have access to these other forms of reparation within, at most, one year of notification of this Judgment. D. Compensation D.1. Arguments of the Commission and of the parties 462. The Commission asked the Court to “adopt the necessary measures to guarantee to the displaced fair compensation for the violations of which the Afro-descendant communities of the 732 Cf. Case of the Pueblo Bello Massacre v. Colombia. para. 275, Case of the Ituango Massacres v. Colombia. Preliminary objection, merits, reparations and costs, para. 404, and Case of the Mapiripán Massacre v. Colombia. Merits, and reparations, para. 313. 733 One of the basic pillars of the National Plan of Assistance and Integral Reparation for Victims of the Colombian Armed Conflict, Prosperidad para Todos (hereinafter “PNARIV”) is peace-building, which according to the objectives of the Development Plan is achieved inter alia by the implementation of mechanisms for the integral reparation of the victims of the armed conflict in its different categories: (a) restitution; (b) compensation; (c) rehabilitation; (d) satisfaction, and (e) guarantees of non-repetition. The legal framework for the PNARIV consists of: (a) the Victims and Land Restitution Law (Law 1448 of 2011); (b) two CONPES documents: No. 3712 of 2011 and No. 3726 of 2012; (c) Decrees Nos. 4800/11, 4801/11, 4802/11, 4829/11, 4633/11, 4634/11, 4635/11 and 0599/12; (d) Program for the Psychosocial Care and Integral Health of the Victims under Law 1448/11 of the Ministry of Health and Social Protection of November 2012, and (e) decision No. 459/12 (Protocol and model of comprehensive care for victims of sexual crimes). 143

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos