the Court take into account “the expenses incurred by the members of the communities of the
Cacarica River basin in the steps they took in order to return to their territory, such as travel to
various State agencies.” In order to authenticate the pecuniary damage, the representatives
attached some estimates for materials and a power plant, among other items, as well as “fact
sheets with an average calculated on the census of the damage drawn up by the Comisión
Intereclesial de Justicia y Paz in 2011,” which “was obtained from the families who were victims
on oath.”
467. The Commission and the State did not present specific arguments with regard to these
requests of the representatives.
D.1.2. Non-pecuniary damages
468.
The representatives asked that, based on a series of consideration,744 the Court grant,
as non-pecuniary damages, to the family of Marino López the sum of US$100,000.00 (one
hundred thousand United States dollars); to those displaced to Turbo, Bocas del Atrato and
Bahía Cupica US$80,000 (eighty thousand United States dollars), and to the women displaced
to Turbo US$90,000 (ninety thousand United States dollars). Added to this, they asked as a
gender-differentiated measure, for financial subsidies to be granted to the women heads of
household in recognition of the loss of their husbands or companions in Operation Genesis or, if
they were already heads of household, owing to the difficulties suffered.745
D.2. Considerations of the Court
469. Regarding the measure of compensation, the Court notes that information was presented
concerning domestic administrative mechanisms of reparation that exist in Colombia, and that
have been adopted recently, which benefit “those persons who individually or collectively have
suffered harm owing to events that took place after January 1, 1985, as a result of violations of
international humanitarian law or gross and manifest violations of international human rights
law that occurred as a result of the internal armed conflict,” 746 and specifically for human rights
violations relating to murder, forced disappearance, kidnapping, injuries that have caused
temporary or permanent disability, torture or inhuman and degrading treatment, crimes against
sexual liberty and integrity, forced recruitment of minors, and forced displacement.747
470. In relation to the measures of reparation, the Court underlines that international law
establishes the individual entitlement of the right to reparation. Despite this, the Court indicates
that, in scenarios of transitional justice in which States must assume their obligations to make
744
The representatives asked that the Court take into account: (a) the torture inflicted on Marino López, in the
presence of several members of the community; the brutality with which he was murdered, and dismembered; (b) the
devastating physical and psychological effects of Operation Genesis on the communities; (c) the joint participation of
soldiers and paramilitaries in Operation Genesis; (d) the way that the population had to leave the territory, under
coercion, terrorized, fearful for their own life and that of their loved ones; (e) the conditions in which the population had
to survive in Turbo, Bocas del Atrato and Bahía Cupica; (f) the disintegration of the social and ethnic tissue, and of the
traditions and customs; (g) the damage inflicted on the territory in the absence of the communities; (h) the persecution
and threats that the victims had to face while they were displaced; (i) the denial of the facts by the State and the
absence of effective policies to respond to the situation; (j) the continuation of the threats and the acts of violence
against the victims, and (k) the denial of justice during 15 years, ever since the time of the events.
745
The representatives indicated that it should be recalled that, nowadays, in the case of the women heads of
household, Law 1232 of 2008 has established some assistance with regard to education and production activities, but
no specific financial subsidies.
746
Cf. Colombian Law on Victims and Land Restitution, article 3 on “The transitional justice arrangement in force
in Colombia” provided by Miguel Samper Strouss, Vice Minister of Justice and deponent for information purposes
proposed by the State, during the hearing held at the Inter-American Court of Human Rights on February 11, 2013.
747
Cf. Decree 4800 of 2012 on the transitional justice arrangement in force in Colombia provided by Miguel
Samper Strouss, Vice Minister of Justice and deponent for information purposes proposed by the State, during the
hearing held at the Inter-American Court of Human Rights on February 11, 2013 .
146
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