actions aimed at discovering the whereabouts of the victims,” the Court considers that after
more than twenty-four years since the events took place and nearly eight years since
notification of the Judgment that is being monitored, there has been no significant progress
in the implementation of this measure of reparation. The Court reminds the State of the
importance of complying with this measure, given that it provides moral satisfaction and
allows the victims´ next of kin to bring closure to the mourning that they have experienced
throughout these years.19 Based on the foregoing, the Court considers that this obligation is
pending compliance. Bearing in mind that the passage of time makes it more difficult to
implement this measure of reparation effectively, the State must immediately take the
necessary steps to comply with this measure of reparation in an effective and diligent
manner. Likewise, in order for the Court to monitor compliance, the State must submit
complete and current information, forwarding copies of the relevant documents concerning
the measures adopted for effective and full compliance with this point, within the period
established in Operative Paragraph 2 of this Order.
C. Obligation to erect a monument in memory of the victims and, in a public
ceremony in the presence of the victims’ next of kin, place a plaque with the
names of the 19 tradesmen
24.
Regarding compliance with this measure of reparation, in its reports of December
2009 and January and September 2011, the State reiterated its apologies for “the delays,”
which it attributes “mainly [to] administrative procedures,” as well as to “the complexity”
involved in complying with this measure. Despite these difficulties, Colombia reported that
in January 2010 it had contracted the artist Juan Arreaza to design the monument
(sculpture), by mutual agreement with the representatives, and that the work was
completed at the beginning of 2011. However, in terms of the structure on which the
monument would be installed, the State reported that difficulties and administrative
obstacles had arisen.
25.
In their observations to these reports, the representatives mentioned that, after
several requests for information, they held a meeting on December 15, 2010 with State
representatives who informed them of the progress made in creating the sculpture, but did
not provide any information on the progress of the civil construction work. For this reason,
they expressed concern over “how and under what conditions the sculpture would be
‘stored’,” while the civil construction work begins and is completed. Six months after this
meeting, the representatives reiterated that, despite several requests, the State had still
not provided them with any information on the progress made in the construction work.
Furthermore, they expressed concern because “unofficial sources” had reported that the
completed sculpture could be “stored at a military unit stationed in [Bucaramanga].”
Subsequently, on June 24, 2011, the representatives informed the Court, inter alia, that the
State had transported the completed sculpture from Bogotá to Bucaramanga, without
informing the family members, despite their repeated requests for information on the
matter. They also stated that the sculpture had been stored at the Fifth Army Brigade
headquarters in the city of Bucaramanga, where they could not enter. The representatives
pointed out that this had caused “deep anger and fear among the next of kin of the 19
tradesmen massacred,” which “even if temporary,” “constitute[d] an event that revictimizes
the family members,” given that “military agents attached to the Fifth Brigade participated
in the massacre and their criminal acts remain unpunished.”
19
Cf. Case of “Las Dos Erres” Massacre v. Guatemala. Preliminary Objection, Merits, Reparations and Costs.
Judgment of November 24, 2009. Series C No. 211 , para. 245, and Case of Blanco Romero et al. v. Venezuela.
Monitoring compliance with Judgment and provisional measures. Order of the Inter-American Court of November
22, 2011, considering paragraph 13.
10