c) The competent authorities should design a “comprehensive search strategy” that
considers all reasonable hypotheses concerning the person’s disappearance, which may be
rejected only when they cannot be supported based on objective and verifiable criteria. The
strategy should “take into account the contextual analysis.”
d) “[A]ll […] the 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.”
208. In order to comply with the Court’s ruling, the State, within three months of notification of
this judgment, shall prepare a specific search plan for Pedro Movilla. It must follow the guidelines
set out in the two preceding paragraphs. Colombia shall allow the relatives of Mr. Movilla who
have been declared victims in this judgment, and/or their representatives, to take part in the
preparation of the specific search plan. The State may not take advantage of the established
term, nor possible delays in the adoption of the plan that must be drawn up, to suspend search
actions. The State shall inform this Court immediately once the drafting of the search plan is
complete, and must send the Court a copy of the document in which it is laid out. The one-year
deadline for the State to submit its first report established in operative paragraph 14 of this
judgment does not apply to the search plan.
D) Measure of rehabilitation
209. The Commission asked the Court to establish the physical and mental health care
measures necessary for the rehabilitation of Pedro Julio Movilla Galarcio’s relatives, if they so
wish and by mutual agreement.
210. The representatives asked the Court to provide, free of charge, the medical and
psychological treatment required by each member of Pedro Movilla’s family separately, or, if
they so wished, jointly, through specialized health institutions of their choice, with their prior
and informed consent. They asked that the care not be provided through the Comprehensive
Health and Psychosocial Care Program for Victims (hereinafter “PAPSIVI” or “the Program”).
211. The State referred to the efforts made through the PAPSIVI, as one of the “many
mechanisms that the Colombian State has adopted within the framework of a transitional process
from armed conflict to peace,” stating that “it is the most appropriate mechanism it possesses
for offering victims psychosocial care.” It mentioned that the program offers special care for the
victims and relatives of victims of forced disappearance, so victims would receive “special
attention tailored to their needs,” and said it stood ready to establish channels for the
beneficiaries to access the program at no charge. Finally, it asked the Court to recognize the
suitability of the PAPSIVI as a transitional justice mechanism that contributes to the
comprehensive reparation of the victims of the armed conflict.
55
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