contributes to making reparation to the victims and shows society that justice has been
done.15
17.
In view of the foregoing, the Court concludes that the measure of reparation
regarding the obligation to investigate the facts of this case is pending compliance.
Therefore, it considers it essential that, within the period established in Operative paragraph
2 of this Order, the State submit current, detailed and complete information on all the steps
taken to ensure compliance with this measure of reparation, the results obtained, as well as
a copy of the supporting documentation, so that the Court can verify that the investigations
are being carried out with due diligence, in accordance with the purpose of this measure of
reparation.
B. Obligation to conduct, within a reasonable period, a search for the remains of
the victims, and if possible, return them to their next of kin
18.
The State reported that “considering the specific and technical requirements involved
in the search for remains,” the Centro Único Virtual de Identificación [Virtual Identification
Center] (hereinafter “CUVI” for its acronym in Spanish) will support the Attorney General’s
Office in this task. This Center will implement the “National Plan to Search for Disappeared
Persons,” which consists of four phases: 1) gathering information; 2) analysis and
verification of the information; 3) recovery, technical-scientific assessment and
identification; and 4) final whereabouts of remains. In this regard, Colombia indicated that it
had provided a copy of this document in the context of monitoring compliance with the
Judgment of this Court in the case of the Mapiripán Massacre v. Colombia. The State
described some of the procedures carried out by CUVI at the end of 2009 and throughout
2010, during the first phase of the search plan. These included taking samples, gathering
information, holding meetings with the representatives and the victims, locating witnesses
on the “property and areas surrounding El [D]iamante Farm […] and in nearby hamlets and
villages” and conducting verification studies on the banks of the Magdalena river. This last
procedure concluded “with the suggestion to carry out further investigative studies along
the banks of the river” as the previous studies “only included 15% of the area along the
Magdalena River.” In January 2011, the State reported that in June 2010, CUVI and the
Technical Unit of the Human Rights Investigation Group were ordered to “proceed to carry
out the second phase of the search plan.” Finally, in September 2011, Colombia indicated
that the Attorney General’s Office and CUVI “have carried out all the actions required to find
the whereabouts of the victims” and are coordinating “the start of the implementation of
phases II, III and IV of the search plan.”
19.
The representatives stated that compliance with this measure of reparation “is
closely linked to the investigation,” and therefore the State should gather additional
statements from human sources who may indicate the whereabouts of the victims’ remains.
They also noted that there has been "no significant progress” in the implementation of this
measure of reparation since October 2010, as no further action has been taken in this
regard. Given that “the crime was committed 24 years ago and there have been enormous
delays in implementing the Search Plan,” the representatives said they “have well-founded
fears that such measures are doomed to failure.”
15
Cf. Case of the “Street Children” (Villagrán Morales et al.) v.. Guatemala. Monitoring Compliance with
Judgment. Order to the Inter-American Court of January 27, 2009, considering para. 21, and Case of Blanco
Romero et al. v. Venezuela. Monitoring Compliance with Judgment and provisional measures. Order of the Court of
November 22, 2011, considering paragraph 10.
8