-14Colombia take into account that one of its purposes is to keep the memory of
the victims alive, reason for which it should listen to the opinion of the next of
kin on the type of monument and the reasonable alternatives that could be
effective in implementing the measure, without this leading to an unjustified
delay in the execution of the measure;
d)
“provide, free of charge, through its specialized health institutions, the
medical and psychological treatment required by the next of kin of the
victims.” (ninth operative paragraph and paragraphs 277 and 278 of the
Judgment) With regard to this measure the representatives requested that
the treatment be offered by a private institution, for which the State should
enter an agreement, based on the uncertainty it has on “the measure in
which [the state] institutions are capable in this specific case to respond to
the specific assistance they are being obliged to undertake,” “which implies an
exposure to very personal and intimate information […].” This Tribunal
understands that the State must comply with said obligation through its heath
institutions, as stated in the Judgment, but recalls that they should be
specialized institutions and that all the parameters stated in paragraphs 277
and 278 of the same must be observed. In order to correctly comply with this
measure it is necessary that the State receive the worries of the next of kin of
the victims and ensure the specific capacity required in the professionals in
charge of offering the treatments. The Court takes into consideration that the
State offered the representatives the information on the institutions in which
the next of kin of the victims can receive the medical and psychological
treatment, and that it is awaiting that the representatives provide it with
specific information in order to comply with this measure;
e)
establish the necessary conditions for the members of the family of the
victim, Antonio Flórez Contreras, who are in exile, to return to Colombia, if
they so wish, and shall cover the costs they incur as a result of their return
(tenth operative paragraph and paragraph 279 of the Judgment). The Court
considers that it is necessary that the State inform of the study on the level of
risk and the degree of threat referred to in their report (supra Consideration
5(f)), thus determining the measures it will implement, necessary for the
return of the members of said family that so wish to do so;
f)
pay special attention to guaranteeing the lives, safety and security of
the persons who made statements before the Court and their next of kin, and
shall provide them with the necessary protection from any persons, bearing in
mind the circumstances of this case (eleventh operative paragraph and
paragraph 280 of the Judgment). According to that informed by the State
there was no threat to the life, integrity, and security of those people and it
will be attentive to the need to adopt measures of protection (supra
Consideration 5(g));
g)
pay the amounts established in the Judgment for the income that each
of the 19 victims did not perceive, the expenses in which the next of kin of
eleven victims incurred, and compensation for non-pecuniary damages
(twelfth, thirteenth, fourteenth, and fifteenth operative paragraphs and
paragraphs 230, 231, 233, 234, 235, 240, 243 242, 243, 248, 249, 250, 251,
and 252 of the Judgment). With regard to the change in the form of payment
proposed by the State to the representatives of the victims, which implies
payment with bonds of public debt, the Court recalls the parties that the form