26
by the Court.25 Therefore, these victims will be able to resort to the official
mechanism established for them to receive the respective compensatory amounts.
According to what was mentioned in the chapter on non-pecuniary damage, the
Court established that provision contained in the chapter on beneficiaries shall apply
to the next-of-kin of the unidentified victims in this process, who, in turn, are victims
(paragraph 257.b). Therefore, should these people appear before the M.O.S.
Mapiripán, they will be entitled to receive the compensatory amounts established in
paragraph 288 c) of the Judgment for the victims’ children, increased by the amount
set for those who were children at the time of the massacre and lost their beloved
ones.
*
*
*
76.
That, upon monitoring compliance with the aspects pending compliance in this
case, the Court values the advantage of the hearing held to that end, evidenced by
the good will and cooperation shown by the parties, who have agreed on the fact
that some aspects of said Judgment have not been complied with. In particular, the
Tribunal values that the State, the Commission and the representatives have
organized meetings evidencing the common purpose and commitment to achieve
compliance with the pending aspects.
Therefore:
The Inter-American Court of Human Rights,
by virtue of its authority to monitor compliance with its own decisions, pursuant to
Articles 62(3), 67 and 68(1) of the American Convention on Human Rights, and
Articles 25(2) of its Statute and 15(1), 30(2) and 63 of its Rules of Procedure,
Declares:
1.
That in accordance with Considering clauses 18, 64 and 66 of this Order, the
State has complied with the obligation to:
a) establish, within six months of notification of the Judgment, an official
mechanism that will function for two years, with participation by the victims
of the instant case or the representatives they appoint, to perform the
functions set forth in paragraph 311 of the Judgment (operative paragraph
nine and paragraph 311 of the Judgment);
b) implement, within a reasonable term, permanent education programs on
human rights and international humanitarian law within the Colombian Armed
Forces, at all levels of its hierarchy (operative paragraph thirteen and
paragraphs 316 and 317 of the Judgment);
25
Cf. Case of the “Maripirán Massacre” V. Colombia, supra nota 8, paras. 96.144, 96.152, 96.154,
96.155, 96.159, 96.162 and the corresponding considerations on the violations committed to the
detriment of the victims' next-of-kin.