23
expenses. Moreover, in these Resolutions it stated that, to carry out these payments in
Colombian tender, the State used the exchange rate from the day prior to the payment
date, and that the interest on arrears were taken into account at the moment of the
deposit, in a joint account, of some of the compensations owed. However, the Court has
noted that Resolutions N° 2402 and N° 3114 make reference to other two resolutions
(Nº 1468 of June 4, 2008 and Nº 2608 of September 10, 2008), by which payments
were ordered, but which were not presented to this Court.
86.
In that respect, the representatives sustained that the State has made payments,
without indicating whether a payment were pending or incorrect, and the Commission
valued the information presented by the State and noted that the representatives
confirmed that the State paid. According to the information in the case file (supra
Considering Clause 85), the Court positively values that the State has made most of the
compensation payments and the reimbursement of legal costs and expenses ordered in
the Judgment, and it has adopted adequate measures to refund the amounts that
victims were taxed (supra Having Seen clauses 8 and 9 and Considering Clause 81).
However, based on various contributions to the case file, the Court cannot deem this
aspect to be fully fulfilled. Firstly, the resolutions in the case file (supra Considering
Clause 85) do not provide information on whether the settlements and payments of the
compensation were made in favor of the following victims: Pablo Antonio Beltran
Palomino, Yul Germán Monroy Ramírez, Gabriel Enrique Vesga Fonseca and Arnulfo
Mejía Duarte or their next-of-kin.29 Therefore, the Court deems it necessary for the
State to forward Resolutions N° 1468 and N° 2608 (supra Considering Clause 85) or any
additional information that confirms the corresponding payment of compensation to the
four victims or their next-of-kin. Secondly, it has been demonstrated that a tax known
as “four per thousand” was deducted from the compensation deposited in the bank
accounts of the victims, and the Court does not have the necessary information to
determine whether the amount deducted was refunded to each of the beneficiaries. In
this respect, the Tribunal deems it appropriate to remind that in the Judgment it was set
forth that "[t]he amounts awarded in this Judgment as compensation and
reimbursement of costs and expenses shall not be affected, reduced or subject to
existing or future taxation.”30 Therefore, it necessary to request the parties to give
detailed information on the matter.
87.
Thirdly, by means of communications of June 9 and 12, 2008 (supra Having Seen
7), Mr. Orlando Castillo Zapata, brother of deceased victim Carlos Fernando Castillo
Zapata, alleged, inter alia, that the State paid his mother and father incorrect amounts
as compensation for lost income. They mentioned that “when deducting the amount
awarded in the domestic contentious administrative proceedings, [the State authorities]
included the interest paid to them due to the inefficiency of the [S]tate itself and thus,
the State discounted double the amount set forth in the resolution ordered by the
domestic contentious court." In this regard, the Court recalls that, in its Judgment, it
positively valued that Colombia had paid compensation for lost income by means of
contentious administrative proceedings and, therefore, it ordered, when paying
compensation ordered by this Court in paragraph 248 as loss of income to the 12
29
According to Resolution N° 2402 of the Ministry of Interior and Justice, the beneficiaries of the
compensation corresponding to Pablo Beltrán Palomino had not presented a bank certification for the
respective payment and “therefore, the settlement and corresponding payment is pending.” No further
information has been furnished to the Court in order to confirm whether such calculation and payment
were effectively made.
30
Case of the Rochela Massacre V. Colombia, supra note 6, para. 311.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents