150
267. There is, in fact, insufficient evidence to establish the lost earnings, the ages
or the activities of most of the victims. In other words, the Court does not have
sufficient grounds to set compensation in favor of most of the victims for pecuniary
losses, for which reason it will set the respective amounts in fairness for those cases
regarding which the Court has some evidence. On the other hand, this does not
affect ordering of compensation and reparations in their favor for non-pecuniary
damages in this proceeding, or whatever is decided under domestic venue, as was
pointed out (supra para. 247).
268. With regard to the displaced next of kin, the Court notes that it was the next
of kin themselves, and not the representatives, who mentioned at the public hearing
that they had received help from the State, to a lesser extent, in view of their
situation as such.
269. With regard to the settlement agreements reached in the administrative-law
proceedings begun by the next of kin of Sinaí Blanco Santamaría, José Rolan
Valencia and Álvaro Tovar Muñoz (supra paras. 96.130 and 96.131), the Court
asserts the principle according to which compensations must involve neither
enrichment nor impoverishment for the victim or his heirs. As pointed out (supra
para. 207), said agreements set compensation for pecuniary and moral damages,
including some of the aspects covered by reparations for pecuniary and nonpecuniary damages, for which reason the Court will take into account the cases of
those persons who have benefited from said agreements in those administrative-law
proceedings, when it orders the respective reparations.
270. With regard to the administrative-law proceedings that are still pending with
regard to the death of victims of the Mapiripán Massacre, the Court will order the
respective reparations in this Judgment, whatever their current state. When the
State makes those payments, it must report this to the courts that are hearing said
proceedings for them to decide as appropriate.
271.
Nory Giraldo de Jaramillo stated that she incurred expenses to transport
Sinaí Blanco’s body from Mapiripán for burial; nevertheless, her daughter stated that
her stepfather’s family covered those expenses. On the other hand, the Court does
not know why Giraldo refused to settle with the State in the administrative-law
proceeding.
272.
Marina Sanmiguel Duarte incurred expenses for burial after the execution of
José Rolan Valencia. However, like other next of kin, compensation was ordered in
the administrative-law proceedings for property-related damages as a consequence
of her spouse’s death (supra para. 96.131).
273. The Pinzón López sisters, Luz Mery, Esther, Paola and María Teresa, in turn,
incurred expenses in connection with the illness and death of their mother, Teresa
López de Pinzón, as well as those caused by the displacement of some of them.
Furthermore, Mariela Contreras Cruz lost her lands and other property and incurred
expenses due to her displacement together with her family.
274. Bearing in mind the circumstances of the case, the Court deems it appropriate
to order the State, in fairness, to pay US $5,000.00 (five thousand United States
dollars) as compensation to Luz Mery Pinzón López, Esther Pinzón López, Paola
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents