15
paragraph 273 of the Judgment), the State informed that it organized meetings with
the victims' next-of-kin in order to consider a monument proposal and, in
accordance with the opinion stated by 15 of the 18 families of the victims as to the
specific place to locate the monument and the sculpture, “the State has taken
administrative actions at the national and regional level to build and locate the
monument” in Parque de los Niños, in the city of Bucaramanga. In a meeting held
after the hearing, it was agreed upon a schedule and some actions for the central
Government to facilitate the administrative proceedings at the local level and begin
with the building of the monument at the earliest convenience (supra Having Seen
14).
26.
That according to the representatives, this measure has encountered
obstacles in its compliance and little action of the authorities. The next-of-kin of the
victims expressed their agreement and consent to the proposal presented by the
artist in charge of the creation of the monument in October 2007. In April 2008, the
Mayor’s Office of Bucaramanga communicated them that the initial place agreed
upon to locate the monument – the “Luis Carlos Galán” Park- was not longer viable
and that, after several meetings, they accepted that the monument be located in
Parque de los Niños and defined the exact place in December 2008. Since that time,
no progress has been made since the State informs that is still processing the hiring
of the artist and the permits of the local authorities. Furthermore, the State
undertook to establish a regular follow-up mechanism to learn and solve the
impediments that might appear, which has not been elaborated. The representatives
requested the State to undertake to carry out the effective execution of the
monument in this year.
27.
That the Commission valued the participation given to the victims in the
election of the place, emphasized the need to overcome the obstacles that have
appeared and urged the State to finish the monument as soon as practicable.
28.
That this Tribunal values the actions taken and progress made to comply with
this obligation, as well as the will to look for agreement shown by the state
authorities and the victims' next-of-kin and their representatives. Nevertheless, it
considers that the central and local authorities must conduct coordination activities
in order to finish the building and location of said monument in order to fully comply
with this measure of reparation as soon as practicable and, if possible, during this
year.
*
*
*
29.
That as to the obligation to provide, free of charge, through its specialized
health institutions, the medical and psychological treatment required by the next of
kin of the victims (operative paragraph nine and paragraphs 277 and 278 of the
Judgment), the State acknowledged that this measure was late executed and
submitted information on the proceeding carried out to hire an institution to provide
the necessary treatment for the next-of-kin. The State communicated that this
aspect is being complied with together with other Judgments delivered by the Court;
for this reason, it made reference to what was informed in the procedure to monitor
compliance in the case of Pueblo Bello Massacre. It pointed out that it entered into a
technical cooperation agreement with the United States Development Program