13
d)
e)
f)
those proven as such under domestic venue as foreseen in paragraph
237 of the Judgment”;
regarding deadlines, the Court did not establish any fixed one because,
as it underlined in paragraphs 275 and 276, certain conditions set
forth in this Judgment are required to establish when the victims can
appear before the State to demand their fulfillment. The deadline for
the State to comply with this obligation is subject to the State
completing the investigation, elucidating the facts, and punishing
those responsible for the facts;
the above also relates to the duty of the State to provide the security
conditions required so that those next of kin who decide to return are
able to do so.
In this situation, the next of kin and their
representatives must be informed of the concrete activities regarding
verification and consultation that must be conducted by official
representatives of the State, who must be civil officials. The purpose
of this is for them to have sufficient information so that, after reaching
a conclusion and preparing an evaluation, jointly conducted by those
official representatives and the community regarding verification of
said security conditions, the next of kin of the victims who are
beneficiaries of the measures can appear before the State to claim this
reparation. Said information must also be forwarded to the Court for it
to periodically assess progress regarding those aspects and when
there are appropriate conditions to fulfill said reparation. Once the
next of kin who are beneficiaries have submitted the request, the
State must comply with the housing plan within a year.
Notwithstanding the above, the State must take such land use
planning and other planning measures as may be required so that,
when one or several next of kin decide to return to Pueblo Bello, there
are the necessary means and conditions to address the requirements
of the housing plan, and
specifically, regarding to the beneficiaries of said reparation measure,
the representatives expressed, inter alia, that:
i.
ii.
iii.
iv.
it must be understood that the beneficiaries of the measure of
reparation are all those recognized as such by the Court in the
Judgment and those that the Court allowed to demonstrate said
condition before the Colombian authorities. Since the Court did
not set special conditions to be a beneficiary of said reparation
measure, it is not possible to interpret that said limitations
might go beyond what was established to recognize
beneficiaries in the Judgment itself;
even though the State referred to existence of a domestic legal
provision that could impede possible compliance with this
measure regarding to persons who already benefited from
housing plans, it did not provide evidence of the existence of
said provision, and it did not specify said provision;
pursuant to Article 27 of the Vienna Convention, the State
cannot allege domestic legal provisions to refuse to comply with
its obligation to implement and fulfill the reparation measures
ordered by the Court, and
if the State has recognized and benefited any of the next of kin
in this case with a housing project, said next of kin cannot
thereby be excluded from the measure of reparation, as said
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