20
44.
That the Commission stated in its observations that the purpose of the
reparations is to help in the recovery of the victims and their next of kin and in that
sense “it acknowledges the value and importance of the information presented by the
State, especially taking into account the positive impact that has been mentioned by
the representatives of the injured party.”
45.
That the Tribunal values positively the actions carried out and the willingness of
the state authorities to compromise with their victims and their representatives for the
coordination of the realization of the public act of acknowledgment of responsibility.
Even though this act was not held within the term stated in the Judgment, the Court
observes with satisfaction the ample disposition of the state authorities to seek
compliance of the measure of satisfaction in its full sense and scope, as well as the
ample participation of the victims and high state authorities, and its diffusion among
the civil society, public and international organizations, and the media. In that sense,
this Court considers that the measure ordered in the thirteenth operative paragraph
has been fully complied with by the State in highly satisfactory terms.
*
*
*
Construction of a monument (fourteenth operative paragraph of the
Judgment)
46.
That in what refers to the obligation to erect an appropriate and proper
monument to recall the facts of the massacre of Pueblo Bello, the State informed that
the entity in charge of executing this reparation measure was the Ministry of Internal
Affairs and Justice and that it was necessary to know under which figure the next of
kin considered it appropriate to recall the memory of the victims. Therefore, the State
mentioned that it took into consideration suggestions made by the representatives and
that it “would be taking steps with a state entity with experience in this subject [in
order to…] agree on the procedure and construction of the monument.” At the hearing,
the State referred to the fact that the representatives proposed the name of an artist
that could prepare a proposal for the elaboration of the monument and it stated that it
was awaiting the artistic proposal in order to continue with the administrative
processes necessary for its execution.
47.
That the representatives observed that the State had not made any serious
progress in the measures oriented to complying with this reparation, which has been
delayed due to bureaucratic problems. They also indicated that the State should make
proposals that may be observed and assessed by the beneficiaries of the measures. In
this sense, they stated at the hearing that the next of kin are waiting for the proposal
from the artist chosen by them, not only regarding the monument but the budget as
well.
48.
That the Commission expressed at the hearing that “it values positively the
actions carried out by the State with the objective of partially complying with several of
the operative paragraphs [...] and the agreements reached with the representatives”
to make access to certain measures easier, especially the construction of the
monument.
49.
That the Court recalls that the Judgment stated a one-year term computed as of
the notification of the same for the execution of this measure of reparation and that
this is an autonomous obligation that does not depend on the compliance of the other