144
must guarantee their security, which should include monitoring the prevailing
situation in a way and for the length of time that will guarantee this security. If it is
not possible to establish these conditions, the State must provide the necessary and
sufficient resources to ensure that the victims of forced displacement may resettle in
similar conditions to those they had before these events, in a place they freely and
voluntarily choose.
d)
Public apology and acknowledgement of international responsibility
405. For the effects of a public apology to the survivors of the events of the
Ituango massacres and the next of kin of the victims, the Court appreciates the
partial acknowledgement of international responsibility made by the State during the
public hearing held on September 23, 2005, in this case. On that occasion, the State
affirmed that it:
Expresses its respect and consideration for the victims and their next of kin and
apologizes for the improper and illegal conduct of some of its agents in relation to the
facts of the instant case.
406. Nevertheless, owing to the scale of the events in this case, as a measure of
satisfaction for the victims and a guarantee of non-repetition of the grave human
rights violations that were committed, the State must acknowledge publicly, in the
presence of senior authorities, its international responsibility for the facts of the
massacres in El Aro and La Granja, and apologize to the next of kin of the persons
disappeared and deprived of their life, for failing to comply with its obligations to
guarantee the rights to personal liberty, humane treatment and life of those persons,
as a result of the State’s failure to comply with its obligations of prevention,
protection and investigation, and also for the violation of their rights of access to
justice, judicial protection and judicial guarantees.
e)
Housing program
407. Since some of the inhabitants of La Granja and El Aro lost their homes as a
result of the facts of this case (supra para. 125(81)), the Court considers that the
State must implement a housing program to provide appropriate housing280 to the
surviving victims who lost their homes and who need this. The State must implement
this program within five years of notification of this judgment.
f)
Plaque
408. In addition, the State must erect a plaque in an appropriate public place in La
Granja and in El Aro, so that the new generations are aware of the events that took
place in this case. The plaques must be installed within one year of notification of
this judgment. The contents of these plaques must be agreed by the representatives
of the victims and the State.
280
Cf. application of the International Covenant on Economic, Social and Cultural Rights, General
Observation 4, The right to adequate housing (paragraph 1 of Article 11 of the Covenant), (Sixth session,
1991), U.N. Doc. E/1991/23.
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