140
(sister), Sara Paola Pinzón López, (sister), Esther Pinzón López,
(sister) and Luz Mery Pinzón López (sister); and
vi.
Jaime Riaño Colorado (victim) and Luz Mery Pinzón López
(spouse).
250.
Pleadings of the State
a)
with regard to the beneficiaries, the State will abide by the evidence
submitted to the Court;
b)
it recognizes as proven victims of the facts those whom the domestic
judicial and disciplinary authorities have identified as such in final rulings;
c)
it asks the Court, while acknowledging the existence of possible
damages in favor of unidentified victims, to order that for purposes of
payment the “provide authentic evidence of their tie to the victim to receive
payment of the respective compensation;” and
d)
the criteria for reparation and compensation of the closest next of kin
must be established. While the evidence offered by the Commission and the
representatives provides indicia of said status, it is insufficient for a judgment
that is free of uncertainty. It would be possible to resort to a motion for
regulation of injuries based on Law 288 of 1996, in combination with the
establishment of a revolving fund that is replenished as the disbursements
ensured by it and managed as a trust fund are made, with the potential
victims as beneficiaries, as the Court has done in previous cases, and if they
do not appear with complete documentation within a reasonable term of two
years, that the monies be used by public agencies in charge of aiding the
victims of violence in Colombia, such as the Red de Solidaridad.
Considerations of the Court
251. The Court will now establish who must be considered the “injured party”
under the terms of Article 63(1) of the American Convention, and therefore entitled
to the reparations ordered by the Court, regarding both pecuniary and non-pecuniary
damages, as appropriate.
252. We should recall that in adjudicatory proceedings before the Court, the
interested party must state the beneficiary or beneficiaries.278 Nevertheless, bearing
in mind the specificities of this case and of the acknowledgment of international
responsibility by the State, the Court must order reparations for those victims and
next of kin whom it has not been possible to identify individually (supra para. 247).
253. First of all, the Court considers that the approximately 49 individuals executed
or missing, regarding whose death the State has acknowledged its international
responsibility, are “injured parties”, as victims of violation of the rights embodied in
Articles 4(1), 5(1), 5(2), 7(1) and 7(2) of the American Convention, in combination
278
See Case of the Moiwana Community, supra note 4, para. 177; Case of the Plan de Sánchez
Massacre, supra note 5, para. 62, and Case of the “Juvenile Reeducation Institute”, supra note 4, para.
273.
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