of the date of this Order, nearly seven years have passed since the date set for complying
with this obligation expired, and yet construction work has not even begun on the structure
on which the monument will be placed. Therefore, the Court considers it appropriate to
require the State to remove the sculpture from the premises of the Fifth Brigade of the
National Army as soon as possible, and to transport it and store it at a civil institution,
under conditions that ensure its preservation and safekeeping until it can be installed in a
place agreed upon by the parties.
32.
The Court recalls that in the Judgment it ordered Colombia and the victims’ next of
kin to reach an agreement on the place where the monument is to be erected.23 Therefore,
the Court considers that the place where the sculpture is to be temporarily housed until the
completion of the construction work should also be agreed with the victims´ next of kin or
their representatives, given the time that has elapsed and the fact that the agreed site still
is not available due to administrative delays attributable to the State. Likewise, the Court
calls on the parties to establish more effective communication mechanisms that allow for a
more fluid and productive exchange of information regarding compliance with this measure
of reparation.
33.
With respect to the general status of compliance with this measure of reparation, the
Court appreciates that the State has taken the necessary steps for the creation of the
monument, with the agreement of the victims’ next of kin and that the sculpture has been
completed. Nevertheless, it notes that nearly seven years have passed since the expiry of
the deadline established for complying with this measure of reparation without it being
completely fulfilled. Based on the latest information provided by the State, the building of
the structure on which the monument will be erected has not begun, though the authorities
in charge of the project are coordinating with the Governor’s Office of Santander, which has
the financial resources, but is “awaiting the completion of the [relevant] administrative
procedure.” In this regard, the Court recalls that in its Order of 2009 it considered that “the
central and local authorities must coordinate activities in order to finish the building and
determine the location of said monument in order to fully comply with this measure of
reparation.”
34.
In view of the foregoing considerations, the Court finds that this measure of
reparation is still pending compliance. The Court takes cognizance of the apology offered by
the State; however, it considers it imperative that the State move forward with the
implementation of this measure and take all the steps and actions necessary to comply with
it, as soon as possible, given its symbolic value for the victims, and also to ensure that
similar acts are not repeated in the future. In particular, the Court considers that the State
must intensify its efforts to advance with the construction of the monument, remove the
sculpture from the military facility and install it permanently at the place agreed upon by
the parties. Accordingly, the Court requests that the State, within the term established in
Operative Paragraph 2 of this Order, provide the Court with updated, complete and detailed
information on the steps taken to comply with this measure of reparation, as well as those
required in this Order.
D. Obligation to provide, free of charge, through its specialized health institutions,
the medical and psychological care required by the next of kin of the victims
35.
23
The Court received information from the State, the representatives and the InterCf. Case of 19 Tradesmen v. Colombia, Merits, Reparations and Costs, para. 273.
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