87
d)
Education measures
303. Considering that the Rochela Massacre was perpetrated, in violation of imperative
rules of International Law, by paramilitaries with the participation of government agents,
the State must adopt measures designed to educate and train members of security forces
on the principles and rules governing the protection of human rights and international
humanitarian laws, including limitations that constrain them. To that end, the State shall
effectively implement, within a reasonable time, permanent training programs on human
rights for the Colombian armed forces. The program shall place particular stress on this
Judgment.
D)
COSTS AND EXPENSES
304. As noted by the Court in past decisions, costs and expenses are included in the
concept of reparation as enshrined in Article 63(1) of the American Convention.274
305. The Court takes into account that the victims and their representatives incurred
expenses in the course of the domestic and international proceedings involved in this case.
The representatives have requested the Court to take into account “the monetary losses
suffered [by the victims' relatives] in their [...] search for justice, truth and reparation". The
Court notes that, even though no receipts have been produced, it must be presumed that
the relatives of the victims incurred various expenses during the domestic contentious
administrative and criminal proceedings, which have lasted for over 17 years, as well as in
all the other steps taken to report the events and seek justice in connection with the events
of the Rochela Massacre. In view of the foregoing, the Court sets in equity the amount of
US$ 2,000.00 (two thousand United States Dollars or its equivalent in Colombian currency)
for each deceased victim's family and for surviving victim Arturo Salgado Garzón. The family
units of the deceased victims should designate a person to collect the abovementioned
amounts on their behalf. The State shall make the payments within one year.
306. As for the international proceedings, the “José Alvear Restrepo” Legal Cooperative
represented the victims and their next of kin from 1997 in the proceedings before the InterAmerican Commission and the Inter-American Court. The Center for Justice and
International Law (CEJIL) has acted as the representative in the proceedings before the
Court in this case. Due to the circumstances and number of victims in the present case, the
Court considers that the reimbursement of costs cannot be granted directly to the victims.
Rather, as established by this Tribunal, the State must reimburse, in equity, the costs and
expenses in the amount of US$ 20,000.00 (twenty thousand United States Dollars or its
equivalent in Colombian currency) to the “José Alvear Restrepo” Legal Cooperative and US$
5,000.00 (five thousand United States Dollars or its equivalent in Colombian currency) to
CEJIL. The State shall make the payments within one year.
E)
MANNER OF COMPLIANCE WITH THE PAYMENT AMOUNTS ORDERED AND
SOLUTION OF POSSIBLE DISPUTES RELATED TO THE PARTIAL AGREEMENT ON REPARATIONS
274
Cf. Case of Goiburú et al., supra note 11, para. 180; Case of Montero Aranguren et al. (Detention Center
of Catia), supra note 238, para. 152; and Case of Ximenes Lopes, supra note 24, para. 252.
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