139
lost their next of kin, because their sufferings were increased owing to
their status as minors and the State’s failure to provide them with
protection.
(e)
US$4,000 (four thousand United States dollars) for each of the 17
persons obliged to herd livestock, indicated in paragraph 364(b) and who are
listed in Appendix II of this judgment;
(f)
US$3,500 (three thousand five hundred United States dollars) for each
of the persons who lost their livestock in El Aro, indicated in Appendix III of
this judgment;
(g)
US$6,000 (six thousand United States dollars) for each of the persons
who lost their home in El Aro, indicated in Appendix III of this judgment; and
(h)
An additional US$2,500 (two thousand five hundred United States
dollars) to be delivered to the persons who were declared victims of Article 5
in relation to Article 11(2), 21 and 22 of the Convention, who are indicated in
Appendix III of this judgment.
391. When deciding on the reparations for non-pecuniary damage, the Court has
taken into consideration the violation of Article 5 of the Convention suffered by the
persons indicated in paragraphs 277 and 278 of this judgment.
392. Based on the foregoing, the compensation for non-pecuniary damage caused
by the violations declared in the instant case is indicated in Appendixes I, II and III
of this judgment.
D) Other forms of reparation
(Measures of satisfaction and guarantees of non-repetition)
The Commission’s arguments
393. In its final arguments brief, the Commission considered that, in order to
determine the victims of the multiple violations perpetrated as a result of the
massacres, two dimensions should be considered: a collective dimension and an
individual dimension. These perspectives should be taken into account when ordering
the necessary measures to guarantee to the victims the rights that had been
violated. Thus, regarding other forms of reparation, the Commission requested that
the following measures of satisfaction and guarantees of non-repetition should be
ordered:
(a)
A genuine, complete and effective investigation should be conducted to
determine the identity of the masterminds and perpetrators of the violations
committed to the detriment of the victims of La Granja and El Aro, thereby
eliminating the impunity of those responsible;
(b)
The results of the judicial proceedings should be published to
contribute to the right to the truth of the victims’ next of kin and of
Colombian society as a whole;
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