A.2.2 The next of kin of Marino López
432. With regard to the next of kin of Marino López, the initial list of 446 persons with Report
No. 64/11 presented by the Commission made no reference to them. However, in the list of 497
persons that the representatives submitted to the Commission and that was provided to the
Court in September 2011, without any pertinent clarification, five family members of Marino
López were included,684 and they became part of Family 1 on List No. 2. Subsequently, the list
that the representatives submitted to the Commission in November 2011, and that the latter
forwarded to the Court in January 2012,685 included 14686 family members of Mr. López. Lastly,
in their motions and arguments brief, the representatives excluded Leonardo Lopez Garcia
without giving any reason and, thus, the final list included 13 next of kin of Marino López.
433. The State indicated that the list submitted by the representatives with the motions and
arguments brief “included 13 persons who presumably were next of kin of Marino López, but
regarding whom no further information was provided”; that only with regard to those who
appear as Nos. 4 and 5 (Yenesid Gamboa Palacio and Jhon Freddy Palacio Palacio), it was said
that they were “foster children,” but “no evidence was provided that certified this relationship.
Of the 11 remaining persons, the list does not indicate their relationship to Marino López, or
provide any evidence authenticating this.” Accordingly, the State asked “that the Court declare
that only the two persons who have been recognized as next of kin of Marino López in the
criminal proceedings underway for his murder be considered as presumed victims of his death.”
434. Regarding the persons who should be recognized as next of kin of Marino López, the
Court finds that it only has a list presented by the representatives, which is not supported by
any evidence that would authenticate a relationship to Mr. López, and for this reason the Court
cannot recognize them as “next of kin.” This was noted and contested on several occasions by
the State, without the representatives presenting arguments or evidence in this regard.
Therefore, taking into account that only Emedelia Palacios Palacios has been accredited and
recognized by the State as his permanent companion, and that the representatives have not
provided further information on the persons that they consider family members, this Court
considers that, based on what the Eighth Criminal Court of the Bogota Special Circuit
recognized,687 it can only recognize Emedelia Palacios as next of kin of Marino López.
435. Nevertheless, since there is information that would allow it to be concluded that Marino
López had other next of kin, the Court establishes, as it has in other cases, that the
compensation ordered in this Judgment (infra para. 476) must be delivered to the immediate
family members who come forward, provided that they appear before the competent authorities
of the State between the moment of notification of this Judgment and up until one year after
the date of their public summons by the State. The next of kin must provide the necessary
information to identify themselves and prove their relationship.688 To this end, the State must
make announcements by radio stations, with local and national coverage, at least once a month
for six months as of publication of this Judgment, at peak listening hours, summoning the
684
The five members of the family of Marino Lopez included on the list were: 1) Emedelia Palacios Palacios, 2)
Erlenson Palacio Palacio, 3) Libia Luz Palacio Palacio, 4) Yenesid Gamboa Palacio and 5) Jhon Freddy Palacio Palacio.
685
Cf. List of victims. Case of Marino López et al. (Operation Genesis), forwarded by the Commission to the Court
and received by the latter on February 10, 2012 (merits file, folio 179; evidence file, folio 51408 and ff.).
686
Emedelia Palacios Palacios, Erlenson Palacio Palacio, Libia Luz Palacio Palacio, Yenesid Gamboa Palacio, Jhon
Freddy Palacio Palacio, Maria Bonifacia Mosquera Peñaloza, Luis Aristarco Hinestroza, Yulis Maria Hinestroza Mosquera,
Alberto Hinestroza Mosquera, Arinson Hinestroza Mosquera, Aristarco Hinestroza Mosquera, Aurelina Hinestroza
Mosquera, Alirson Hinestroza Mosquera and Leonardo Lopez Garcia.
687
Cf. Eighth Criminal Court of the Bogota Special Circuit, file 2009-063, defendant Rito Alejo del Río, judgment of
August 23, 2012 (evidence file, folios 14791 to 14823).
688
Cf. Case of the Pueblo Bello Massacre v. Colombia, para. 237; Case of the Moiwana Community v. Suriname,
para. 178; Case of the Plan de Sánchez Massacre v. Guatemala. Reparations. Judgment of November 19, 2004. Series
C No. 116, para. 67, and Case of the Ituango Massacres v. Colombia, paras. 358 and 359.
136
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