C. Measures of satisfaction, rehabilitation and restitution
441. The Court will establish measures that seek to repair the non-pecuniary damage, as well
as measures of a public scope and repercussion. 693 International case law and, in particular,
that of the Court has established repeatedly that the judgment constitutes per se a form of
reparation.694 Nevertheless, considering the circumstances of the case sub judice, and based on
the adverse effects on the communities of the Cacarica area and the consequences of a nonpecuniary nature arising from the violations of the American Convention declared to their
detriment, the Court finds it necessary to analyze the pertinence of measures of satisfaction,
rehabilitation and restitution and guarantees of non-repetition.
442. The Court also takes note of the Commission’s general request for reparation, “both at
the individual and at the community level, using specific mechanisms, for the victims of the
Afro-descendant community of the Cacarica associated in CAVIDA and the women heads of
household living in Turbo.” The Commission considered that this should be provided based on a
differentiated perspective695 that recognized the impact of Operation Genesis on the community,
and that required the participation of the community at all times.
443. The representatives asked that, when awarding reparation, community, gender, ethnic,
and age factors should be taken into account. The State did not present specific arguments on
these requests by the Commission and the representatives.
C.1. Measures of satisfaction
C.1.1. Publication and dissemination of the Judgment
444. The representatives of the victims asked the Court to order the State to “publish the
judgment of the Inter-American Court in a national newspaper with widespread circulation and
in a local newspaper, as well as significant aspects of the judgment on private and public
television channels at peak (AAA) times.” The Commission did not make this observation and
the State did not refer to the representatives’ request.
445. The Court finds it pertinent to order, as it has in other cases, 696 that, within six months
of notification of this Judgment, the State publish, once, in the Official Gazette of Colombia and
in a national newspaper with widespread circulation, the official summary of this Judgment
prepared by the Court and that, the entire Judgment be uploaded and remain available for one
year on an official website of Colombian State institutions and organs.
693
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs, para. 84, and
Case of Atala Riffo and daughters v. Chile. Merits, reparations and costs, para. 251.
694
Cf. Case of Neira Alegría et al. v. Peru. Reparations and costs, para. 56, and Case of the Constitutional Tribunal
(Camba Campos et al.) v. Ecuador, para. 250.
695
In its submission of the case, the Commission indicated that this differentiated perspective should relate to: (a)
the community: taking into account its special needs, recognition and respect for its identity, culture, territories and the
participation of its authorities in the decisions that affect it; (b) gender: based on the principle of non-discrimination and
gender criteria that include the special needs of the displaced women and the specific needs of the women heads of
household, and (d) children: giving prevalence to their best interest, respecting their dignity, the principle of nondiscrimination, the right to participation, and respect for their opinions in the process of the design and implementation
of measures of reparation to ensure that they can enjoy education and a satisfactory standard of living that allows them
to develop fully as human beings.
696
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs, para. 79, and Case of the Constitutional
Tribunal (Camba Campos et al.) v. Ecuador, para. 254.
138
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