10
according to the information systems of the contentious jurisdiction, no lawyer has
represented her in claims against the State.
37.
In relation to the situation reported to the Court regarding Mr. José Marcelino
Barrera Sucerquia, and provided for in considering paragraph 64 of Resolution of the Court
of July 9, 2009, the representatives informed that once they became aware of the alleged
discrepancy of Mr. Marcelino through what he received and the payment made to the
Interdisciplinary Group for Human Rights in fees, they directly contacted him to hear his
version. In this regard, the representatives informed that Mr. Marcelino explained that
another beneficiary, Ms. Rosa Posada, had indicated that in "2005 they had made a
payment" and he complained because he had not received a payment. Later, a man
contacted Mr. Barrera Sucerquia and he had indicated that he "was going to [send] him a
few papers to sign to claim the 2005 money." Finally, with respect to all these
discrepancies, the representatives stated that Mr. Barrera Sucerquia said "that [the
payment of fees] seemed normal and he did not know that the 2005 payment concerned a
claim within the country that he never made." The representatives attached a declaration
made before a notary dated March 9, 2010, where the information mentioned by the
representatives is contained8.
38.
In relation to discrepancies regarding the compensation received by the beneficiary
Rosa María Posada George, the State indicated that they informed Ms. Posada George
through communication OFI08-40 174 of June 9, 2008, the values that were paid for the
death of Mr. Marco Aurelio Aleiza. Representatives indicated that Ms. Posada is illiterate,
and "driven by hatred and problems with the spouse and children of [Mr.] Aurelio Aleiza father of her children-, she signed, with a fingerprint, several memorials" sent to the Court
"by an unknown person, stating that the lawyer that processed the internal processes did
not pay her what she was due." The representatives stated that Ms. Posada was charged
30% as fees, pursuant to a previous agreement, according to the representatives, which the
beneficiary does not want to recognize.
39.
Furthermore, in connection with Ms. Mercedes Barrera, whose compensation was set
out in Resolution 1946 of May 19, 2008 issued by the Ministry of Defense, the State
reported that the amount was deposited in a bank account so that the heirs could request
its transfer, which, to date, had not happened.
40.
In connection with the deposit of the compensation awarded in favor of minors, the
State reported that it delivered financial returns generated to the following: Juan Carlos
Calle Fernández, Deysi Tatiana Calle Fernández, Johan Daniel Calle Fernández, Cristian de
Jesús Calle Fernández, and Juan Felipe Zuleta Cossio. The State also reported that the
following persons currently have the capital awarded in their favor and the interest earned:
Nelson Adrian Palacio Jaramillo, Francisco Daniel Córdoba, Eliana Julliet Gutiérrez Jiménez,
and Juliana Andrea Gutiérrez Jiménez. The State also reported that it paid the values
awarded to: William Alejandro Villa Henao, Omar Alveiro Calle Fernández, Carlos Adrian
Zuleta Cossio, Julio Oliver Perez Pastaza, as they were legal adults. The representatives did
not refer in particular to the information provided by the State.
41.
The Commission did not submit observations regarding this point.
42.
The Presidency notes that, according to information submitted by the State and the
representatives, it seems to have complied with the execution of payments, but it is still
8
Cf extra-procedural statement No. 00.1641 of March 9, 2010 rendered by Mr. José Marcelino Barrera
Sucerquia. (monitoring compliance record, Volume III, pages 1177 and 1178 )