information, without prejudice to any measures necessary for maintaining the integrity and
effectiveness of the criminal investigation or the search itself.
c)
The search should be carried out by means of a “comprehensive strategy,” taking into
consideration all reasonable hypotheses about the disappearance, rejecting none except those
that cannot be supported based on objective and verifiable criteria. This strategy should “take into
account the contextual analysis.”
d)
“[T]he activities to be performed are determined in an integrated fashion, through all
necessary and appropriate means and procedures for the identification, release or exhumation of
the disappeared person or establishment of the person’s identity. The comprehensive search
strategy should include an action plan and a timeline and should be evaluated periodically.”
e)
The search “should be centralized under, or coordinated by, a competent body that
ensures effective coordination with all the other entities whose cooperation is needed for the
search to be effective, exhaustive and prompt.”
f)
“The search for the disappeared person and the criminal investigation of the persons
responsible for the disappearance should be mutually reinforcing.” “When the search is conducted
by non-judicial authorities independent of those that make up the justice system, mechanisms
and procedures should be established to ensure cooperation, coordination and an exchange of
information.”
140.
In order to accomplish the above, the State shall, within three months of the notification of this
judgment, develop a specific search plan for Óscar Iván Tabares Toro. This plan shall meet the standards
established in the preceding two paragraphs. Colombia shall ensure the participation of Mr. Tabares
Toro’s relatives who have been declared victims in this judgment and/or their representatives in the
development of the specific search plan. The State shall not use the established timeframe, or any delays
in the adoption of the plan ordered, to suspend search efforts. The State shall immediately inform this
Court once it has developed the search plan, sending the Court a copy of the plan document. This is
independent of the one-year period the State has to submit its first report, as ordered in operative
paragraph 12 of this judgment.
D. Measure of rehabilitation
141.
The Commission requested as a measure of rehabilitation the implementation of a program of
psychological and psychosocial care that is appropriate for the relatives of the disappeared victim.
142.
The representatives asked the Court to grant the relatives of Óscar Iván Tabares Toro free
medical and psychological treatment that is specific to their situation as victims of serious human rights
violations and that continues for as long as necessary. They also noted that the Program for Psychosocial
Care and Comprehensive Health of Victims (PAPSIVI), created by the Victims’ Law, does not meet the
standards of rehabilitation established by the Court in its settled case law, as acknowledged in the case
of Movilla Galarcio v. Colombia. The representatives therefore asked the Court to order alternative
measures for the rehabilitation of Óscar Iván Tabares Toro's family and to apply the provisions of the
judgment of that case, ordering the State to provide a sum for each of the victims to use for their
comprehensive health care, including those who reside outside of Colombia.
143.
The State noted that the purpose of PAPSIVI is to guarantee health assistance and physical,
mental, and/or psychosocial rehabilitation for victims of serious human rights violations and violations of
international humanitarian law in the context of Colombia’s armed conflict. To this end, the program
provides psychosocial healthcare free of charge using various interdisciplinary strategies.
144.
The Court has determined that the personal integrity of Mr. Tabares Toro’s relatives has been
harmed (supra para. 121). Accordingly, as it has done in other cases, 175 the Court finds it necessary to
order a measure of reparation to provide appropriate treatment for the physical, psychological, and/or
Cf. Case of Barrios Altos v. Peru. Reparations and costs. Judgment of November 30, 2001. Series C No. 87,
paras. 42 and 45, and Case of Cortés Espinoza v. Ecuador. Preliminary objections, merits, reparations, and costs.
Judgment of October 18, 2022. Series C 468, para. 172.
175
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