69. In the instant case, it has been stated that the passage of time may give rise to extinguishment of the penal action with respect to the principals of the massacre in Las Palmeras. However, this cannot happen because the statute of limitations is suspended while a case is pending before a body of the inter-American system for protection of human rights.83 If that were not the case, the legal effect of the provisions of the American Convention would be denied with respect to domestic law of the States Party. Moreover, if the time elapsed while a case is being heard by the inter-American system were taken into account for purposes of extinguishment, this would assign the international proceeding a consequence radically opposed to its intention: rather than promoting justice, it would bring with it impunity of those responsible for the violation. 70. For all the above, Colombia must fulfill this obligation which will subsist until it has been fulfilled completely. * * 71. According to the request by the Commission, in connection with determining the whereabouts of the mortal remains of the person called N.N./Moisés and his identification, this Court deems that Colombia must take all necessary steps to identify said person, within a reasonable time, as well as locate and exhume his remains and deliver them to his next of kin for them to bury those remains in an appropriate manner; the State must also cover the costs incurred in this regard. * * 72. Since the existence and identity of the next of kin of N.N./Moisés is also unknown in the instant case, once he has been identified, the Court deems it necessary for the State to allocate the resources required to locate said next of kin.84 For this it must, among other steps to be taken, publish an announcement, at least three non-consecutive days, in a newspaper and broadcast on a radio and a television station, all of them with national coverage, explaining that the next of kin of the victim are sought to pay them compensation regarding the facts in the instant case, that took place on January 23, 1991 in the village of Las Palmeras, Municipality of Mocoa, Department of Putumayo. 73. Recordings and copies of said announcements, as were the case, together with precise information on the media and dates published or broadcast, must be submitted to the Court for them to be considered in the process of overseeing compliance with this Judgment. * * 83 Cf. James et al. Case. Provisional Measures. November 24, 2001 Order of the Inter-American Court of Human Rights. Series E No. 3, Compendium: July 2000 – June 2001, Whereas 11; James et al. Case. Provisional Measures. August 16, 2000 Order of the Inter-American Court of Human Rights. Series E No. 3, Compendium: July 2000 - June 2001, Whereas 11; and James et al. Case. Provisional Measures. September 25, 1999 Order of the Inter-American Court of Human Rights. Series E No. 2, Compendium: July 1996 – June 2000, Whereas 10. 84 Cf. Barrios Altos Case. Reparations (Art.63(1) American Convention on Human Rights). November 30, 2001 Judgment. Series C No. 87, paras. 31 and 32.

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos