142
vi.
vii.
viii.
The OAS-sponsored process of dialogue with the self-defense
groups;
The operational results achieved by law enforcement bodies
against the illegal self-defense units; and
The results of the administrative proceedings.
(c)
As a result of the facts and violations acknowledged in the answer to
the application, it was willing to submit a proposal for reparations negotiated
with the petitioners who duly accredit their status.
The Court’s findings
396. In this section the Court will determine measures of satisfaction that are not
of a financial nature and that seek to repair the non-pecuniary damage, and will
order measures of a public scope or repercussion.277 These measures have special
relevance in this case owing to the extreme gravity of the facts and the collective
nature of the damage caused.
397. The Court will not establish compensation for non-pecuniary damage in favor
of the persons who were merely displaced from La Granja and El Aro and who are
listed in Appendix IV of this judgment, because the Court considers it pertinent to
grant reparations of a collective nature, which it will examine in this chapter.
398. As the State advised, the Special Committee for the promotion of
investigations into violations of human rights and international humanitarian law has
chosen this case for prompt attention to clarify the facts and punish those
responsible (supra para. 395). The Court considers that this can contribute to
compliance with these obligations.
a)
The State’s obligation to investigate the facts of the case, and to identify,
prosecute and punish those responsible
399. The State must take the necessary measures to activate and complete
effectively the investigations to establish the responsibility of all the authors of the
massacre and the persons responsible by act or omission for failing to comply with
the State’s obligation to guarantee the violated rights. The State must conduct
criminal proceedings concerning the Ituango massacres, so that the facts are
clarified and those responsible punished. The results of these proceedings must be
published by the State, so that Colombian society may know the truth about the
facts of this case.
400. To comply with the obligation to investigate and sanction those responsible in
this case, Colombia must: (a) remove all the obstacles, de facto and de jure, that
maintain impunity; (b) use all available means to expedite the investigation and
judicial proceedings, and (c) grant guarantees of adequate safety to the victims,
investigators, witnesses, human rights defenders, judicial employees, prosecutors
277
Cf. Case of Baldeón García, supra note 5, para. 193; Case of the Sawhoyamaxa Indigenous
Community, supra note 9, para. 228; and Case of the Pueblo Bello Massacre, supra note 9, para. 264.
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