143
and other agents of justice, as well as the former and current inhabitants of
Ituango.278
401. However, the Court appreciates the following projects and public policies that
the State has already implemented as other forms of reparation and which the State
reported during the proceedings: public policy project to combat impunity for
violations of human rights and international humanitarian law; public policy projects
on displacement and on witness protection; and plan of action for the displaced
population implemented as a result of judgment T-025 of 2004 of the Colombian
Constitutional Court.
*
*
*
402. The Court reiterates its consistent case law279 to the effect that no law or
provision of domestic legislation can prevent a State from complying with the
obligation to investigate and punish those responsible for human rights violations. In
particular, provisions regarding amnesty and the statute of limitations, and the
establishment of mechanisms to exclude responsibility, which seek to impede the
investigation and eventual punishment of those responsible for grave human rights
violations, such as those in this case, are unacceptable. The Court reiterates that the
State’s obligation to investigate adequately and punish, if applicable, those
responsible, must be fulfilled diligently in order to avoid impunity and the recurrence
of this type of event
b)
Appropriate treatment for the victims’ next of kin
403. The Court considers it necessary to order a measure of reparation that seeks
to reduce the physical and psychological sufferings of all the next of kin of the
victims executed. To help repair this damage, the Court orders the State to provide
the appropriate treatment for these persons, once they have expressed their
consent, through the national health services, free of charge and for the time
necessary, including medication. When providing psychological care, the specific
circumstances and needs of each person must be considered so that they are
provided with collective, family or individual care, as agreed with each of them and
following an individual evaluation.
c)
State guarantees of security for the former inhabitants of the Municipality of
Ituango who decide to return
404. The Court is aware that some inhabitants of Ituango do not wish to return to
La Granja and El Aro, because they fear they will continue to be threatened by the
paramilitary groups. It is possible that this situation will not change until an effective
investigation has been completed and also judicial proceedings that result in the
clarification of the facts and the punishment of those responsible. When the former
inhabitants, who have not already done so, decide to return to Ituango, the State
278
Cf. Case of the Pueblo Bello Massacre, supra note 9, para. 268; and Case of the “Mapiripán
Massacre”, supra note 8, para. 299.
279
Cf. Case of Baldeón García, supra note 5, para. 201; Case of Blanco Romero et al., supra note 5,
para. 98; and Case of Gómez Palomino, supra note 247, para. 140.
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