-3-
14.
the State shall pay the total amount [set in the Judgment …] in compensation
for non-pecuniary damage caused to each of the 19 victims, in the terms of paragraphs
230, 231, 235, 233, 234, 250, 251 and 252 of the […] Judgment.
15.
the State shall pay [the amounts set in the Judgment] in compensation for nonpecuniary damage caused to the next of kin of the victims[…].
16.
the State shall pay the Colombian Jurists Commission the sum of US$10,000.00
(ten thousand United States dollars), or the equivalent in Colombian currency, and the
Center for Justice and International Law (CEJIL) the sum of US$3,000.00 (three
thousand United States dollars), or the equivalent in Colombian currency, for costs and
expenses, in the terms of paragraph 285 of the […] Judgment.
17.
the State shall pay the total amount of the compensation for pecuniary
damage, non-pecuniary damage, and costs and expenses established in this judgment,
and that none of the respective items may be subject to any current or future tax or
charge, in the terms of paragraph 292 of the […] Judgment.
18.
the State may fulfill its pecuniary obligations by payment in United States
dollars or the equivalent sum in Colombian currency, except when making a bank
investment, in the terms of paragraphs 290 and 291 of the […] Judgment.
19.
the State shall pay the compensations, reimburse the costs and expenses, and
adopt the measures ordered in operative paragraphs 7, 8, 9, 10, 12, 13, 14, 15 and 16
of this judgment within one year of its notification, in the terms of paragraph 286 of the
[…] Judgment.
20.
should the State fall in arrears, it shall pay interest on the amount owed
corresponding to the bank interest on payments in arrears in Colombia, in the terms of
paragraph 293 of the […] Judgment.
21.
if, due to causes that can be attributed to the beneficiaries of the
compensation, they are unable to receive it within the said period of one year from
notification of this judgment, the State shall deposit such amounts in their favor in an
account or a deposit certificate in a reputable Colombian banking institution, in the
terms of paragraph 289 of the […] Judgment.
22.
the State shall 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, in the
terms of paragraph 290 of the […] Judgment.
23.
it shall monitor compliance with this judgment and shall file the instant case,
when the State has fully implemented all its provisions. Within one year of notification
of this judgment, the State shall provide the Court with a report on the measures taken
to comply with it, in the terms of paragraph 294 hereof.
2.
The brief of May 31, 2005 and its Appendixes, through which the
representatives of the victims and their next of kin (hereinafter “the
representatives”) forwarded a copy of the “proposal of compliance” presented to
them by the State of Colombia (hereinafter “the State” or “Colombia”) through brief
of May 12, 2005 and the response given to the same by the representatives on May
23, 2005. The briefs express, in synthesis, the following:
a)
in the brief of May 12, 2005 the State informed the representatives
the way in which the tasks had been distributed between the different state
entities to comply with the measures of reparation ordered by the Court, and
it made a payment offer with Class B Treasury Titles (TES), with an original
term of 10 years; and