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a) Efforts by the Office of the Government Attorney, the Forensic
Medicine Institute [Instituto de Medicina Legal], and the use of genetic
identification techniques, will be decisive to attain a fair execution of
the judgment, with regard to the unidentified victims of the crimes of
forced disappearances.
b) The State has the right for the Judgment to be executed in accordance
with regard for Due Process as required by the American Convention,
and to which the intervening parties are entitled.
4) The parties, at a public hearing, have accepted the possibility of a
mechanism for execution of the Judgment that is akin to the
establishment of a trust. If I insist on this mechanism, it is with the
aim that the internal proceedings of the State, derived from its
organizational laws on planning and the budget, its annual budgetary
laws and the decrees on budgetary performance, as well as the PAC,
as they are called, do not become an obstacle to compliance with the
judgment. The State cannot invoke its domestic legislation to justify
non-compliance with the judgment.
5) The Municipality of Mapiripán will never be the same.
The
Municipality, the collectivity with legal capacity defined by the
Colombian Constitution as “the basic territorial entity”, in this case lost
the identity it had before the massacre.
a) Since it is obviously difficul for the victims who survived to return, the
State is under the obligation to provide these persons the opportunity
to rebuild their family life, work-related life, and personal life.
b) Whether we call the above life aspirations, or recovery of personal
identity, or free development of personality, is an important conceptual
debate. However, in practical terms regarding compliance with the
judgment, the State must seriously undertake the legal obligation to
provide training and medical and psychological care for these persons,
in Mapiripán or in whatever municipality they establish their place of
residence.
c) In similar traumatic experiences, it has been established that
individuals have the ability to recover by resisting grief and developing
the capacity to overcome it, through resilience processes.
6) The State, by applying the principle of harmonious collaboration, can
ensure that the authorities maintain prevalence of civilian authority
over security forces and guarantee the Democratic and Constitutional
Rule of Law in accordance with the terms set forth in the Charter of
the Organization of American States.
7) Better collaboration among the bodies of the Judiciary enables the
State to respond more adequately and in a timely manner to crimes
against humanity such as the Mapiripán massacre.
8) The Colombian State must heed what the Inter-American Court has
pointed out regarding case law on the Ipso-Jure invalidity of domestic
legislation that breaches the international commitments of the States
signatory to the American Convention on Human Rights.
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