-15in which the payment of the compensations stated in the Judgment is made is
established in the same and if they should reach an agreement on the need
and convenience of making a change in this regard, it is necessary that it be
communicated to the Tribunal, so it may evaluate it;
h)
deposit the compensation ordered in favor of the beneficiaries who are
minors in a banking investment in their names in a reputable Colombia
banking institution, in United States dollars, within one year, and in the most
favorable financial conditions allowed by legislation and banking practice,
while they are minors (twenty-second operative paragraph and paragraph
290 of the Judgment). In its report Colombia did not present specific
information on this matter;
i)
adopt the actions necessary to find the next of kin of Messrs. Juan
Bautista and Huber Pérez (whose second last name was possibly Castaño)
and deliver the corresponding reparations to them. For this, Colombia must
broadcast by a radio station, a television channel and a newspaper, all with
national coverage, an announcement indicating that it is trying to locate the
next of kin of said victims, to provide them with a reparation with regard to
the facts of this case (paragraph 233 of the Judgment). The representatives
argued that the copies of the publications sent by the State indicate that it
only made the oral and written publications but not the television ones. The
Tribunal asked the State to offer information in this regard, and to state if it
made the publications on television and radio “on at least 3 non-consecutive
days”, as established in the Judgment, since that information is not included
in the certifications offered. Likewise, the Tribunal requests that the State
indicate if it has adopted other actions necessary to find said next of kin; and
j)
reimbursement of costs and expenses (sixteenth operative paragraph
and paragraph 285 of the Judgment). In this regard the State informed that it
was carrying out “the budgetary procedures that permit payment,” thus it is
precise that it forward updated information in this sense.
11.
That it is still a concern for the Court that, according to the information
provided, the representatives of the next of kin of the victims and the State do not
agree on how several measures of reparation should be complied with, which could
affect the development of the execution of the reparations, as occurred with the act
of acknowledgment of responsibility (supra Whereas Clause 9(b)). In this regard,
the Tribunal asks both the State and the representatives to try to observe a behavior
that may lead to compliance with the Judgment.
12.
That the Court will consider the general state of compliance of the Judgment
on merits, reparations, and costs of July 5, 2004, once it receives the relevant
information on the pending measures of compliance.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its powers of supervision of compliance with its decisions, pursuant to
Articles 33, 62(1), 62(3), 65, 67, and 68(1) of the American Convention on Human
Rights, 25(1) and 30 of the Statutes and 29(2) of its Rules of Procedures,