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considering the logistical difficulties it implied, make their best effort to coordinate and
decide on an appropriate date for the holding of the act, so as to guarantee the
presence of the next of kin of the victims.
42.
That the State informed that on March 4, 2009 it held the act of
acknowledgment of international responsibility in coordination with the representatives
and the next of kin of the victims. The Minister of Defense, the Attorney General of the
Republic, the Ombudsman, the General Director of the National Police, and other high
authorities were present at the act held at the Ministry of Foreign Affairs. Additionally,
approximately 190 next of kin were present, among which were those who live in
Bogotá and those who came from other places. Several guests of the representatives
of the victims, such as civil society organizations, academicians, and representatives of
several state institutions, such as the Attorney General’s Office, the Ministries of Social
Protection and Internal Affairs and Justice, the Presidential Human Rights Program, the
National Reparation and Reconciliation Commission, among others, were also
present.13 The State considered that the public act was held in attention to the highest
standard of reparation and it at all times respected the opinion of the next of kin
dignifying and respecting the memory of the victims and their next of kin; the public
acknowledgment of responsibility; a request for forgiveness for the damage caused;
criticism of those actions and the direct participation of the next of kin, becoming an
unmistakable sign of the State’s desire to recover their trust and establish new
relationships with the victims. It requests that the Court declare that the thirteenth
operative paragraph of the Judgment has been complied with.
43.
That at the hearing the representatives stated that they had accepted that the
public act of acknowledgment of international responsibility be performed by the
Minister of Defense. In their final observations they stated that the act celebrated was
the result of a very important agreement between the Government and the
representatives of the victims and their attorneys, which led to “the proposals made by
the next of kin being heard and developed in their majority” with the corresponding
satisfaction with the results obtained. They stated that the photographs that were to
be delivered during the act were not received because they did not comply with what
was requested (that they be placed on an altarpiece); that the cost of the master of
ceremonies was covered by the Government and the representatives, as agreed; that
the appointment of the Minister of Defense was a unilateral decision of the
Government, but that they understand that it obeyed their prior request for a change
of ministry. Thus, they “acknowledge the disposition, seriousness, and transparency
with which the officials in charge of carrying out the act of acknowledgment acted”
despite the fact that there were disagreements, all of which were overcome.
As informed by the State, the authorities took care of the transfers from different parts of the
country toward the city of Bogotá – where the act was held -, as well as of the lodging, food, and security
during their stay. The act had the participation of a musical group from Medellin; a master of ceremonies
proposed by the representatives to participate with words of support and acknowledgment for the victims
and the next of kin was hired; diplomats were invited, as well as different state institutions, organizations of
the civil society, international organizations, and the media. On the other hand, the elaboration of 43
silhouettes in a heroic size were hired and they would be located at the site were the act would be held as a
symbol of the disappeared people, as well as the elaboration of altarpieces with photographs of the fortythree disappeared people that will be handed over to the next of kin at the act, even though on the day prior
to the event the coordination group of the next of kin decided that the photographs would not be delivered in
the act, circumstance that the State respected. A banner made by the next of kin was hung in the
auditorium. The act was widely broadcast by all the media and at the end of it there was a space for the
media to interview the next of kin and the representatives. The State promised to send the next of kin a
written memoir signed by the Ministry, it forwarded to the Court the transcripts of the words spoken by the
Minister of Defense and announced it would send the videotape of the act.
13