21
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Security conditions to return to Mapiripán (operative paragraph eleven of
the Judgment)
55.
That, regarding the obligation to 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, to be able to return to Mapiripán, if they wish to do
so, the State pointed out that the compliance with this measure is in charge of the
Agencia Presidencial de Acción Social, entity that forms part of M.O.S. Within the
framework of the action plan established, on February 21, 2008 a Tripartite
Committee on the Assistance of the Displaced Population was formed, in
Villavicencio, place where most of the next-of-kin of the identified victims live. Such
committee exclusively dealt with the case of the Mapiripán massacre and it was
agreed to register those people who were not registered in the Unique Registry for
the Assistance of Displaced Population, by means of massive workshops in
Villavicencio and Bogotá and individual workshops, where the number of next-of-kin
is not significant. It was also agreed the inclusion of next-of-kin in the institutional
offer of assistance of the displaced population, in programs of socio-economic
reestablishment and to give priority, within that offer, to the assistance of the
victims' next-of-kin of this case. Furthermore, the State expressed its "deep concern"
since, in spite of the multiple proceedings conducted, none of them have been
effective for the victims’ next-of-kin or their representatives and it pointed out that
the term conferred by the entities, had expired and that, up to the date of the
presentation of the report, none of the beneficiaries have appeared before the Office
of the Public Prosecutor or Acción Social to express interest in receiving such
assistance. During the hearing, the State emphasized that it cannot precise whether,
currently, all the displaced people want to return, because many of them have not
been located, in spite of the open announcements made. In the last report, the State
highlighted the commitment made by the representatives to foster the participation
of the next-of-kin in the activities the State shall organize to such end. As to the
possibilities for the displaced population, that is, the return and relocation, the State
repeated that each option requires the compliance with general conditions, which
were established in the Protocol on the Return or Relocation of the Displaced
Population, widely known. It also repeated its willingness to comply with this
measure of reparation by whatever means the victims wish to adopt.
56.
That the representatives valued some of the institutional efforts made to
comply with this measure, like the design of an action plan and the establishment of
a tripartite Committee, but these actions are insufficient and the design of additional
strategies is urgent for the fulfillment of the measure. They repeated their concern
about the worrying situation of security that is being experienced in the municipality
of Mapiripán, where there is presence of several armed groups, including
paramilitary groups who continue carrying out criminal actions in the department of
Meta. Furthermore, they confirmed that massive attacks were committed against the
civil population. They pointed out that the next-of-kin of the victims refused to return
for security reasons and that they want to be relocated in other regions of the
country. At the hearing, the representatives mentioned that they had tried to find an
alternative solution to comply with the measure, which is not necessarily the return
to Mapiripán, but the relocation. They welcome the willingness of the State to find a
solution to the problem and they trust that, within the framework of the M.O.S., a
solution will be found by mutual agreement.