US embassy cable - 05BOGOTA10314

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