GOC WILL GIVE REPARATIONS TO VICTIMS OF 1997

UNCLAS SECTION 01 OF 02 BOGOTA 010314

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM CO
SUBJECT: GOC WILL GIVE REPARATIONS TO VICTIMS OF 1997
MAPIRIPAN MASSACRE IN WAKE OF INTER-AMERICAN COURT DECISION


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SUMMARY
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1. (U) ON OCTOBER 12, FOREIGN MINISTER CAROLINA BARCO SAID
COLOMBIA WOULD GIVE REPARATIONS TO THE VICTIMS OF THE 1997
MAPIRIPAN MASSACRE AND IN GENERAL FULFILL ITS INTERNATIONAL
OBLIGATIONS IN THE CASE, FOLLOWING THE INTER AMERICAN COURT
OF HUMAN RIGHTS DECISION AGAINST COLOMBIA IN THE MATTER,
RELEASED OCTOBER 10. THE COURT FOUND THAT COLOMBIA HAD
ACCEPTED SOME RESPONSIBILITY FOR THE MASSACRE, BUT WAS
LIABLE FOR VIOLATING THE VICTIMS' RIGHTS TO LIFE, PERSONAL
INTEGRITY, LIBERTY, JUSTICE, JUDICIAL REMEDY, CHILD
PROTECTION AND FREEDOM OF MOVEMENT. THE COURT'S OPINION
INCLUDES A 12-POINT PLAN BY WHICH THE COURT EXPECTS COLOMBIA
TO ACCEPT RESPONSIBILITY, ENSURE THAT VICTIMS AND THEIR
FAMILIES ARE COMPENSATED AND CAN RETURN TO MAPIRIPAN IF THEY
WISH, AND COMPLY WITH CERTAIN ADDITIONAL HUMAN RIGHTS
CONDITIONS (SEE PARA. 6). THE GOC PROMISED TO RELEASE
SPECIFIC DETAILS OF ITS REPARATIONS PLAN AT A LATER DATE.
END SUMMARY.

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COURT RULES ON MAPIRIPAN CASE
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2. (U) ACCORDING TO A JUDGMENT OF THE INTER-AMERICAN COURT
OF HUMAN RIGHTS, RELEASED OCTOBER 10, BETWEEN JULY 15-20,
1997, APPROXIMATELY ONE HUNDRED MEMBERS OF THE UNITED SELF-
DEFENSE FORCES (AUC) OF COLOMBIA CAPTURED, TORTURED AND
ASSASSINATED AT LEAST 49 CIVILIANS, AFTER WHICH THEY
DESTROYED SOME BODIES AND THREW THE REST INTO THE GUAVIARE
RIVER, IN THE MUNICIPALITY OF MAPIRIPAN, DEPARTMENT OF META.
THE COURT CONCLUDED THE ATTACK WAS CARRIED OUT WITH THE
COLLABORATION, AND IN SOME CASES DUE TO THE NEGLIGENCE OF,
MEMBERS OF THE COLOMBIAN MILITARY AND CIVIL SERVICE. THE
COURT SAID THAT, DESPITE WARNINGS BY SOME OFFICIALS THAT THE
AUC GROUP WAS ON THE MOVE TO MAPIRIPAN, THE GOC DID NOT TAKE
STEPS TO PREVENT THE MASSACRE.

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LEGAL BACKGROUND
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3. (U) IN 1999, THE NGOS "COLECTIVO DE ABOGADOS JOSE ALVEAR
RESTREPO" AND THE U.S.-BASED "CENTER FOR JUSTICE AND
INTERNATIONAL LAW" (CEJIL) BROUGHT THE MATTER TO THE INTER
AMERICAN COMMISSION OF HUMAN RIGHTS (IACHR). IN JUNE 2003,
THE COMMISSION DECLARED COLOMBIA RESPONSIBLE FOR VIOLATIONS
OF HUMAN RIGHTS AND ASKED COLOMBIA TO FULFILL SEVERAL
OBLIGATIONS IN CONFORMITY WITH ARTICLE 50 OF THE AMERICAN
CONVENTION ON HUMAN RIGHTS: TO MAKE A COMPLETE INVESTIGATION
AND DETERMINE RESPONSIBILITY FOR THE ATTACK; TAKE STEPS TO
GIVE REPARATIONS TO THE VICTIMS; AND TAKE STEPS TO ENSURE
THAT THIS KIND OF ATTACK WOULD NOT HAPPEN AGAIN. COLOMBIA
AND THE IACHR WERE UNABLE TO AGREE ON SPECIFIC REMEDIES
WITHIN THE IACHR'S REQUIRED RESPONSE PERIOD (60 DAYS),SO
THE COMMISSION TOOK THE CASE TO THE INTER-AMERICAN COURT OF
HUMAN RIGHTS IN SEPTEMBER, 2003.


4. (U) DURING COURT HEARINGS, COLOMBIA ACCEPTED ITS
RESPONSIBILITY FOR HAVING VIOLATED THE RIGHTS TO LIFE,
PERSONAL INTEGRITY AND LIBERTY FOR A NUMBER OF MAPIRIPAN
VICTIMS. COLOMBIA DID NOT, HOWEVER, ACCEPT RESPONSIBILITY -
- AS ACCUSED BY VICTIMS AND THEIR FAMILIES -- FOR VIOLATING
THEIR RIGHTS TO JUSTICE, JUDICIAL REMEDY, THE PROTECTION OF
CHILDREN, AND FREEDOM OF MOVEMENT, AS THE VICTIMS CLAIMED
THEY WERE FORCIBLY DISPLACED AS A RESULT OF THE MASSACRE.

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FOREIGN MINISTER PROMISES REPARATIONS
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5. (U) ON OCTOBER 12, MINISTER OF FOREIGN AFFAIRS CAROLINA
BARCO SAID THAT COLOMBIA WOULD GIVE REPARATIONS TO THE
VICTIMS OF THE MASSACRE AND IN GENERAL FULFILL ITS
INTERNATIONAL OBLIGATIONS WITH RESPECT TO THE CASE. MFA
CONTACTS TOLD US THAT THE GOC IS WORKING ON A SPECIFIC
REPARATIONS PLAN, WHICH IT WILL SHARE WITH THE COURT AT A
LATER DATE.

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TWELVE CONDITIONS FOR SENTENCE
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6. (U) THE COURT'S DECISION INCLUDED THE FOLLOWING TWELVE
STEPS FOR THE GOC TO TAKE:

-- THE STATE MUST COMPLETE, WITHIN A REASONABLE TIME, AN
INVESTIGATION TO DETERMINE THE INTELLECTUAL AND MATERIAL
RESPONSIBILITY OF THE AUTHORS OF THE MASSACRE, AS WELL AS OF
THE PEOPLE WHOSE COLLABORATION AND ASSENT MADE THE
COMMISSION OF THE MASSACRE POSSIBLE;

-- THE STATE MUST IDENTIFY THE EXECUTED VICTIMS AND
DISAPPEARED, AS WELL AS THEIR RELATIVES IN A REASONABLE TIME
PERIOD;
-- THE STATE MUST DESIGNATE, WITHIN SIX MONTHS, AN OFFICIAL
MECHANISM THAT WILL OPERATE FOR TWO YEARS, IN WHICH THE
VICTIMS OR THEIR DESIGNATED REPRESENTATIVES WILL PARTICIPATE
SO THAT THE GOVERNMENT MAY FOLLOW UP ON THE ADMINISTRATIVE
PROCESSES RELATED TO THE ACTS IN MAPIRIPAN, PAY THE
INDEMNIFICATION AND COMPENSATION TO THE FAMILIES OF THE
VICTIMS, FOLLOW-UP ON THE SEARCH AND IDENTIFICATION OF THE
VICTIMS AND THEIR FAMILIES SO THAT THE PAYMENT OF THE
INDEMNIFICATION AND COMPENSATION WILL BE MADE WITHIN A YEAR,
MAKE A REGISTRY OF THE FAMILY MEMBERS SO THAT THEY WILL NOT
BE THE SUBJECTS OF THREATS ESPECIALLY AFTER RECEIVING
INDEMNIFICATION, ENSURE THAT THE FAMILIES OF THE VICTIMS
RECEIVE THE APPROPRIATE CARE FOLLOWING THEIR TRAUMA, AND
COORDINATE THE SECURITY REQUIRED SO THAT THE FAMILIES OF THE
VICTIMS AS WELL AS OTHER FORMER RESIDENTS OF MAPIRIPAN CAN
RETURN TO MAPIRIPAN IF THEY WISH;

-- THE STATE SHALL PROVIDE FREE MEDICATION TO THE FAMILIES
OF THE VICTIMS WHO HAVE BEEN IDENTIFIED, AND, WHEN
APPROPRIATE, TO FAMILIES OF OTHER VICTIMS WHEN IDENTIFIED;

-- THE STATE SHALL GUARANTEE THE SECURITY CONDITIONS SO THAT
THE RELATIVES OF THE VICTIMS, AS WELL AS OTHER FORMER
RESIDENTS OF MAPIRIPAN THAT HAVE BEEN DISPLACED, CAN RETURN
TO MAPIRIPAN IF THEY WISH;

-- THE STATE MUST CONSTRUCT, WITHIN A YEAR, AN APPROPRIATE
AND WORTHY MONUMENT TO REMEMBER THE FACTS OF THE MASSACRE OF
MAPIRIPAN;

-- THE STATE MUST IMPLEMENT, IN A REASONABLE TERM, PERMANENT
PROGRAMS OF EDUCATION IN HUMAN RIGHTS AND INTERNATIONAL
HUMANITARIAN LAW WITHIN THE COLOMBIAN ARMED FORCES, AT EVERY
LEVEL OF THE HIERARCHY;

-- THE STATE MUST PUBLISH, WITHIN THE TERM OF SIX MONTHS, IN
THE OFFICIAL NEWSPAPER AND ANOTHER NEWSPAPER OF NATIONAL
CIRCULATION, THE SECTION OF THIS SENTENCE CALLED "PROVEN
FACTS," AND THE SECTION CALLED "INTERNATIONAL RESPONSIBILITY
OF THE STATE;"

-- THE STATE MUST PAY US $1,025,000 TO THE RELATIVES OF THE
VICTIMS GIVEN IN PARAGRAPHS 274 AND 278 AS MATERIAL DAMAGES;

-- THE STATE MUST PAY US $6,601,000 TO THE RELATIVES OF THE
VICTIMS GIVEN IN PARAGRAPHS 288 AND 290 AS IMMATERIAL
DAMAGES, WITH AN ADDITIONAL US $50,000 TO BE PAID FOR EVERY
MOTHER, FATHER, SPOUSE, OR CHILD WHO IS IDENTIFIED, AN
ADDITIONAL US $8,500 FOR EVERY BROTHER OR SISTER WHO IS
IDENTIFIED, AND AN ADDITIONAL US $5,000 FOR EVERY MINOR
CHILD WHO IS IDENTIFIED;

-- THE STATE MUST PAY US $20,000 AS COSTS AND EXPENSES TO
THE JOS ALVEAR RESTREPO LAWYERS' COLLECTIVE AND US $5,000
AS COSTS AND EXPENSES TO CEJIL;

-- THE COURT WILL SUPERVISE THE COMPLETE FULFILLMENT OF THE
TERMS OF THE SENTENCE AND WILL CONSIDER IT CLOSED ONCE THE
STATE HAS EXACTLY COMPLETED ALL OF THE CONDITIONS. WITHIN A
YEAR THE STATE WILL HAVE TO GIVE THE COURT A REPORT ON ITS
MEASURES TO FULFILL THE TERMS OF THE COURT'S DECISION.
WOOD