138
pecuniary damage caused.
Reparations should entail neither enrichment nor
impoverishment for the victim or the victim’s heirs.277
246. The Court must reiterate its consternation regarding the grave facts of the
instant case, which have a series of effects when reparations are set. It was
established that the objective of the modus operandi of the massacre was to make
the identification of executed or missing victims difficult or impossible, by destroying
evidence, intimidating and displacing the inhabitants of the municipality of Mapiripán.
The State has recognized the existence of approximately 49 executed or missing
victims, but only close to half of then have been individually identified. This resulted
from non-fulfillment by the State of its duties to protect the victims and the next of
kin during the massacre, from actions and omissions by its agents who collaborated
with the paramilitary, as well as from lack of diligence by the State in the
investigations, which has led to a situation in which, to date, most of the next of kin
of the other persons executed or missing have not even attempted to file complaints
before the authorities regarding their missing next of kin, and since then no other
victims or next of kin have been identified.
247. In light of the criteria set forth above, and of the circumstances of the instant
case, the Court will now analyze the claims filed by the Commission and by the
representatives regarding reparations, with the aim of ordering measures to redress
the damage in the instant case. The Court states its deep concern regarding the
situation of the unidentified victims, for whose death the State also acknowledged its
responsibility, as well as regarding that of their next of kin. While the approximately
49 victims acknowledged by the State as well as their next of kin, will be
beneficiaries of other forms of reparation and/or the compensation set for nonpecuniary damages, for lack of information the Court abstains from ordering
compensation for pecuniary damages in favor of those victims and their next of kin
who have not been individually identified in this proceeding. However, the Court
states that setting of reparations in this international instance neither obstructs nor
precludes the possibility of the next of kin of unidentified victims filing the
appropriate complaints before the national authorities, as they come to be identified,
including the means ordered in this Judgment (infra paras. 308 and 257.b)).
A)
248.
BENEFICIARIES
Pleadings of the Commission
a)
given the nature of the case, the beneficiaries cannot be fully identified
until the State completes a serious and exhaustive investigation that
elucidates the scope of the damage caused by the massacre, including full
identification of the victims. Victims identified in the future, as well as their
next of kin, must be considered beneficiaries of the reparations, regarding
pecuniary and non-pecuniary damages;
b)
when the application was filed, the following beneficiaries’ names were
known:
277
See Case of Acosta Calderón, supra note 7, para. 148; Case of the Indigenous Community Yakye
Axa, supra note 12, para. 182, and Case of Caesar, supra note 274, para. 123.
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