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Articulate the coordination mechanisms between the different state bodies and institutions with
investigative powers and other schemes , whether existing or to be created, in order to achieve
the most coherent and effective investigations, so that the protection of the victims’ human
rights is one of the ends of the proceedings; (c) enable the participation of the persons declared
victims in this case in the investigation, as well as that they, by themselves or through their
legal representatives, access information on the actions that are carried out, and (d) ensure
that the various organs of the judicial system involved in the case have the necessary human
and material resources to carry out their tasks adequately, independently and impartially and
that the persons participating in the investigation, including victims, witnesses and judicial
officers, have the due security guarantees.
294. It should also be noted that the State acknowledged, by omission, the failure to
investigate the alleged torture that Mr. Omeara Miraval suffered while he was disappeared and
before his death. In this regard, in accordance with the provisions of domestic law, the Court
considers that the State must initiate, within a reasonable time and with due diligence, the
aforementioned investigation to clarify the alleged facts, and enable the participation of the
victims involved in the events or through their representatives and enable access to the
proceedings that are carried out.
C.
Measures of restitution
295. The representatives requested that the State be ordered to establish a trust that
covers psychological care with a psychosocial perspective in favor of the next of kin. They added
that its amount and administration “will be managed through an organization with expertise in
the matter chosen by the next of kin, taking into consideration their transport or that of the
therapists, as agreed upon, if the headquarters of the organizations is not close to their
residence. They also requested that physical and mental health care be provided to family
members “regardless of their affiliation scheme [and] that it be completely free, differential,
preferential and for as long as necessary.” They added that the care provided in the Program
for Psychosocial Care and Comprehensive Health for Victims of Conflict (PAPSIVI) is not free for
victims of the conflict, or of serious human rights violations, but only for people with limited
resources in Colombia. This is why the lack of free access for people who have resources means
that the provision of health services aimed at the entire population is confused with the
rehabilitation measures to which the victims are entitled. Additionally, they questioned the
duration of the program, since it has suffered multiple budget cuts since its creation. Lastly,
they added that the expert opinion presented by Yeiny Carolina Torres Bocachica makes it
possible to establish that the effects on the victims in this case require specific interventions
that are not considered by the PAPSIVI. Consequently, they requested “to dismiss the request
presented by the […] State to order care for the victims in this case through the PAPSIVI as a
rehabilitation measure.”
296. The Commission asked the Court to order the relevant rehabilitation measures in favor
of the next of kin of Noel Emiro Omeara Carrascal, Manuel Guillermo Omeara Miraval and Héctor
Álvarez Sánchez.
297. The State expressed “that it agrees that said measures be ordered in favor of the next
of kin,” but requests that they be ordered through the mechanism that the State already has,
the PAPSIVI, which has already been recognized by this Court as suitable in the Yarce case.
298. The Court finds that the victims who have suffered violations of humane treatment are
Carmen Teresa Omeara Miraval, Jaime Antonio Omeara Miraval, Luis Enrique Omeara Miraval,
Aura Isabel Omeara Miraval, Noel Emiro Omeara Miraval, Araminta Omeara Miraval, Ricaurte
Omeara Miraval, Eduardo Omeara Miraval, Zoila Rosa Omeara Miraval, Liliana Patricia Omeara