Court, especially when this execution is the responsibility of the national judges. In this
case, the function of the judicial organ is to ensure the prevalence of the American
Convention and the rulings of this Court over domestic laws, interpretations and practices
that prevent compliance with what the Court has ordered in a specific case.24 With regard to
what has happened in relation to the execution of this measure of reparation ordered in
favor of those who were displaced, the Court recalls that the control of conformity with the
Convention is an obligation for all State organs and authorities. The Court assesses
positively that the Superior Court of Antioquia, the Criminal Chamber of the Supreme Court
of Justice, and the Constitutional Court of Colombia have exercised a satisfactory, effective
and comprehensive control of conformity with the Convention in order to ensure compliance
with this aspect of the Judgment of the Court, as did the Administrative Court of Antioquia,
in other circumstances analyzed below (infra considering paragraph 40), which is reflected
in the legal findings of these courts and also denotes a dynamic jurisprudential dialogue.
31.
According to the Constitutional Court’s final decision, the Inter-American Court
observes that the State was obliged not to require the registration of the beneficiaries of the
Judgment of July 1, 2006, as an additional requirement in order to comply with the
reparations ordered in the latter. In addition, the Presidential Social Action Agency was
ordered to inform the population affected by the Ituango Massacres, by local and national
press, television and radio, including community radio, at least once a month on all the
media and for six months, in peak airtime and programs, about the measures of reparation
ordered by the Inter-American Court for the persons individualized in this judgment and
about the procedures to follow in order to access them, as well as about the comprehensive
support programs for the displaced that the national Government offers for the rest of those
affected by the violent events that took place in the villages of La Granja in 1996 and EL Aro
in 1997, in the municipality of Ituango. The State has already taken measures in this
regard. Also, this time frame does not postpone compliance with the Judgment of the InterAmerican Court, and therefore the beneficiaries must receive reparation as soon as they
come forward to the entities and agencies designated by the Agency for this purpose
throughout national territory. Lastly, the Constitutional Court urged the Ministry of Foreign
Affairs to exercise effective coordination including provide adequate and timely information
to the different State entities responsible for attending the population displaced by the
violence about the need to comply with the judicial rulings of the international organs; but,
above all, about the implications for a particularly vulnerable population, owing to its
situation of defenselessness, of non-compliance with their constitutional and legal obligation
to guarantee this population the effective enjoyment and exercise of its rights.
32.
Thus, the Court considers that the State has taken significant steps to locate the
beneficiaries of the measure of reparation relating to guaranteeing conditions for the return
of those displaced, and therefore finds that this aspect of the Judgment is being complied
with. In this regard, the Court hopes that the remaining obstacles will be overcome shortly
and requires the State to provide information on the specific measures taken in order to
execute the plans and programs that have been established, the work plans and the results
obtained; in particular individualized, detailed and updated information on the services that
the beneficiaries are specifically, truly and effectively receiving.
24
Cf. Case of Apitz Barbera et al. v. Venezuela. Monitoring compliance with judgment. Order of the InterAmerican Court of November 23, 2012, twenty-sixth considering paragraph, and Case of Gelman v. Uruguay.
Monitoring compliance with judgment. Order of the Inter-American Court of March 20, 2013, seventy-third
considering paragraph.
14