2 a) Efforts by the Office of the Government Attorney, the Forensic Medicine Institute [Instituto de Medicina Legal], and the use of genetic identification techniques, will be decisive to attain a fair execution of the judgment, with regard to the unidentified victims of the crimes of forced disappearances. b) The State has the right for the Judgment to be executed in accordance with regard for Due Process as required by the American Convention, and to which the intervening parties are entitled. 4) The parties, at a public hearing, have accepted the possibility of a mechanism for execution of the Judgment that is akin to the establishment of a trust. If I insist on this mechanism, it is with the aim that the internal proceedings of the State, derived from its organizational laws on planning and the budget, its annual budgetary laws and the decrees on budgetary performance, as well as the PAC, as they are called, do not become an obstacle to compliance with the judgment. The State cannot invoke its domestic legislation to justify non-compliance with the judgment. 5) The Municipality of Mapiripán will never be the same. The Municipality, the collectivity with legal capacity defined by the Colombian Constitution as “the basic territorial entity”, in this case lost the identity it had before the massacre. a) Since it is obviously difficul for the victims who survived to return, the State is under the obligation to provide these persons the opportunity to rebuild their family life, work-related life, and personal life. b) Whether we call the above life aspirations, or recovery of personal identity, or free development of personality, is an important conceptual debate. However, in practical terms regarding compliance with the judgment, the State must seriously undertake the legal obligation to provide training and medical and psychological care for these persons, in Mapiripán or in whatever municipality they establish their place of residence. c) In similar traumatic experiences, it has been established that individuals have the ability to recover by resisting grief and developing the capacity to overcome it, through resilience processes. 6) The State, by applying the principle of harmonious collaboration, can ensure that the authorities maintain prevalence of civilian authority over security forces and guarantee the Democratic and Constitutional Rule of Law in accordance with the terms set forth in the Charter of the Organization of American States. 7) Better collaboration among the bodies of the Judiciary enables the State to respond more adequately and in a timely manner to crimes against humanity such as the Mapiripán massacre. 8) The Colombian State must heed what the Inter-American Court has pointed out regarding case law on the Ipso-Jure invalidity of domestic legislation that breaches the international commitments of the States signatory to the American Convention on Human Rights.

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos