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of acts of violence such as those that occurred in this case.326 If the State does not
have such facilities, it must use specialized private or civil society institutions. The
provision of this treatment must also take into consideration the specific circumstances
and needs of each victim, so that that they are offered collective, family or individual
treatment, as agreed with each of them and following individual assessment.327 Lastly,
this treatment must be provided, insofar as possible, in the centers nearest to their
place of residence.
C.3
Other measures requested
a)
Request for the adoption of different types of measures to avoid
the repetition of similar facts and for the creation of a research
center
236. Both the Commission and the representatives asked the Court to declare that
the State “must undertake legal, administrative and any other measures required to
avoid a repetition of such acts” against the members of the UP. In particular, the
Commission asked that the State adopt, as a priority, a policy to eradicate violence
based on political ideology. The State objected to this request, because it has been
working on a general domestic policy to deal with the violence based on political
ideology and to protect human rights defenders, rather than a particular one in relation
to a specific group. Furthermore, it argued that the said measure exceeded the scope
of the instant case and referred to an issue that must be decided in the case of the UP,
which is being processed by the Commission.
237. The representatives asked that “to restore the honor and reputation of Senator
Manuel Cepeda Vargas, to guarantee that political crimes such as the one perpetrated
[…] are not forgotten, and to contribute to the non-repetition of such acts, the State
should establish a research center bearing his name, responsible for preserving the
historical memory and studying measures to ensure non-repetition of crimes against
humanity and genocide.” The State rejected this measure of reparation, because it
would seek to associate Manuel Cepeda’s name with the concepts of genocide and
crimes against humanity. In the State’s opinion, this would manipulate the truth of the
matter and lead to conclusions that could confuse Colombian society.
238. Since the members of the UP were not declared to be victims in this judgment,
the Court will abstain from ordering reparations on this aspect. In addition, the Court
considers that the delivery of this judgment and the reparations ordered in this chapter
are sufficient and adequate to make reparation for the violations that have been
declared in this case.328
326
Cf. Case of Barrios Altos v. Peru. Reparations and costs, supra note 325, paras. 42 to 45; Case of the Dos
Erres Massacre v. Guatemala, supra note 57, para. 270, and Case of Anzualdo Castro v. Peru, supra note 36, para.
203.
327
Cf. Case of the 19 Tradesmen v. Colombia, supra note 221, para. 278; Case of the Dos Erres Massacre v.
Guatemala, supra note 57, para. 270, and Case of Kawas Fernández v. Honduras, supra note 37, para. 209.
328
Cf. Case of Radilla Pacheco v. Mexico, supra note 24, para. 359.
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