174
5(1), 19 and 1(1) of said treaty, under the terms of paragraphs 169 to 189 of this
Judgment.
5.
The State violated, to the detriment of the next of kin of the victims, the right
to fair trial and the right to judicial protection embodied in Articles 8(1) and 25 of the
Convention, in combination with Article 1(1) of that same Convention, under the
terms of paragraphs 195 to 241 of this Judgment.
6.
This Judgment constitutes in itself a form of reparation.
AND DECIDES,
unanimously, that:
7.
The State must immediately take such steps as may be necessary to activate
and effectively complete, within a reasonable term, the investigation to establish the
liability of the masterminds and direct perpetrators of the massacre, as well as those
whose collaboration and acquiescence allowed the massacre to be committed, in
accordance with the terms of paragraphs 295 to 304 and 326 of this Judgment.
8.
The State must immediately take such steps as may be necessary to
individually identify, within a reasonable time, the victims who were executed and
made to disappear, as well as their next of kin, in accordance with the terms of
paragraphs 305 to 310, 311 and 326 of this Judgment.
9.
The State must establish, within six months of notification of this Judgment,
an official mechanism that will function for two years, with participation by the
victims of the instant case or the representatives they appoint, to perform the
functions set forth in paragraph 311 of this Judgment.
10.
The State must provide the next of kin of the victims who were executed or
made to disappear, with their prior consent, beginning once the instant Judgment
has been notified for those who have already been identified, and once those who
have not yet been identified are, and for as long as necessary, at no cost to them
and through the national health services, adequate treatment, including medication,
in accordance with the terms of paragraph 312 of this Judgment.
11.
The State must carry out such actions as may be necessary to ensure security
conditions for the next of kin of the victims, as well as other former inhabitants of
Mapiripán, who have been displaced, to be able to return to Mapiripán, if they wish
to do so, in accordance with the terms of paragraphs 311 and 313 of this Judgment.
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