171
international justice before two bodies of the Inter-American System for the
Protection of Human Rights: the Commission and the Court.296
324. The Court takes into account that some of the next of kin of the victims who
were executed and made to disappear during the facts in Mapiripán acted through
representatives, both before the Commission and before the Court. In this case it
has been established that, due to the very circumstances of this case, limited
participation of the next of kin in the criminal proceedings, whether as civil parties or
as witnesses, has been a consequence of the threats received during and after the
massacre, of their situation of displacement and of the fear of participating in said
proceedings. In point of fact, only a few next of kin have testified in the criminal
proceedings and have initiated administrative-law proceedings. It has also been
proven that only the spouse of one of the victims, Nory Giraldo, has appeared as a
civil party in said criminal proceeding and, according to information by the
representatives, has done so as an agent of the same non-governmental
organization that represents her before this Court.
325. In view of the above, it is not possible to order compensation for costs and
expenses, directly to the next of kin of the victims, for them to distribute it among
those who provided legal counsel, as this Court has done in recent cases,297 for
which reason it deems it fair to order the State to reimburse US$ 20,000.00 (twenty
thousand United States dollars) or its equivalent in Colombian currency, to the
Colectivo de Abogados José Alvear Restrepo for costs and expenses incurred under
domestic venue and in the international proceeding before the Inter-American
System for the Protection of Human Rights, and that it reimburse US$ 5,000.00
(five thousand United States dollars) or its equivalent in Colombian currency to CEJIL
for costs and expenses incurred in the international proceeding.
XVI
MODES OF COMPLIANCE
326. To comply with the instant Judgment, Colombia must pay the compensation
for pecuniary and non-pecuniary damages (supra paras. 274, 278, 288 and 290),
reimburse the costs and expenses (supra para. 325) and build an appropriate and
dignified monument in remembrance of the facts in the Mapiripán Massacre (supra
para. 315), within one year of its notification. The State must also publish the
pertinent parts of this Judgment (supra para. 318), within six months of its
notification. Colombia must immediately take the necessary steps to activate and
effectively complete, within a reasonable time, the investigation to establish liability
of the masterminds and direct perpetrators of the massacre and those whose
acquiescence and collaboration made it possible, as well as the necessary steps to
individually identify the victims who were executed or made to disappear and their
next of kin (supra paras. 296, 297, 298 and 305 to 310). With regard to adequate
treatment for the next of kin of the victims who were executed or made to
disappear, it must be provided immediately for those who have been identified, and
as soon as the State identifies those who have not yet been identified, and for as
long as necessary (supra para. 312). With regard to the official mechanism that
296
See Case of Yatama, supra note 7, para. 264; Case of the Indigenous Community Yakye Axa,
supra note 12, para. 231, and Case of the Moiwana Community, supra note 4, para. 222.
297
See Case of Yatama, supra note 7, para. 265; Case of Carpio Nicolle et al., supra note 261, para.
145; Case of De la Cruz Flores, supra note 4, para. 178.
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