4
11.
The Secretariat’s notes of February 12, 2009 by means of which the requests
made by the Judges at the end of said hearing were repeated. In particular, it was
repeated to the State that it should present a written report, no later than March 2,
2009 regarding the compliance with the Judgment and the issues discussed during
the hearing, including a schedule or calendar with the plan and term of the activities
agreed upon in order to comply with operative paragraph six and seven of the
Judgment. Furthermore, the State should inform, in relation to operative paragraph
ten of the Judgment, on the reasons for the delay in the investigations. The
representatives should present their observations within a term of 15 days, as of the
receipt of the State's report. Moreover, the representatives were requested to clarify,
in relation to the term to pay the compensatory amounts, whether the main reason
for the disagreement is the distribution or the fact that the amounts ordered in the
Judgment have not been paid. In addition, the Commission should forward the
respective observations within a term of 15 days, as of receipt of the representatives’
observations.
12.
The brief of March 6, 2009 by means of which the State forwarded additional
information in response to the request made during the hearing (supra Having Seen
clause 11).
13.
The brief of April 16, 2009 by means of which the representatives forwarded,
once the extension was granted, their observations to the State's report of March 6,
2009.
14.
The brief of April 22, 2009 in which the State presented a “document of the
agreements entered into in the meeting held on January 20, 2009 between the
parties.” The following agreements were stipulated in said document:
1. Regarding the measure to search the mortal remains
•
•
The Prosecutor undertook to present a search plan by April 30, 2009.
Taking into account the discontent of the victims’ representatives with that date and the
proposal made by them, the possibility of expediting the process will be analyzed, with the
support of the Search Commission.
2. Regarding the measure to erect a monument
•
•
Three pending administrative procedures (environmental permit, permit from the Planning
Office and hiring of the artist) shall be followed before April 30, 2009.
In February 2009, the State (represented by Carlos Franco and Margarita Rey, esq.) and the
victim’s representatives (represented by Luz Marina Monzón, esq.) shall travel to
Bucaramanga to meet with the Governor and the Mayor in order to request them to expedite
the administrative procedures.
3. Regarding the measure to provide medical and psychological treatment
Arteaga, Prosecutor of the Human Rights Unit of the Solicitor General’s Office; Generoso Hutchinson,
Prosecutor of the Human Rights Unit of the Solicitor General 's Office; Ltn. Com. Enoc Salcedo, advisor to
the Human Rights Division, Ministry of National Defense; Natalia Salamanca, advisor of the Human Rights
Division, Ministry of Foreign Affairs; Diana Bravo R, advisor of the Human Rights Division, Ministry of
Foreign Affairs, and General Jorge Rodríguez, Chief of the Joint Institutional Defense Office of the Military
Forces; on behalf of the Inter-American Commission, Elizabeth Abi-Mershed, Deputy Executive Secretary;
Juan Pablo Albán Alencastro, and Lilly Ching Soto, advisors; and on behalf of the victims’ representatives
and of the next-of-kin and beneficiaries, Luz Marina Monzón, Gustavo Gallon Giraldo, Jahel Quiroga
Carrillo, and María Victoria Fallón, of Colombian Jurists Commission [Comisión Colombiana de Juristas
(CCJ)]; Michael Camilleri and Francisco Quintana, of the Center for Justice and International Law (CEJIL).