the victims. It also indicated that in August 2011, a letter had been sent to the legal
representative of the Grupo Interdisciplinario de Derechos Humanos proposing that the
procedure for disbursing the money be modified, provided that its investment in housing
was guaranteed, a letter that had not been answered. Lastly, it considered that the
amounts destined for the beneficiaries in order to comply with the reparation, should be
those established in Decision No. 1460 of 2010, and not the value of the minimum wage
for 2011.
41.
The application for protection under the Constitution was decided in a ruling of
August 23, 2011, ordering Fonvivienda to comply immediately, as follows: “execution of the
Judgment of the Inter-American Court of Human Rights of July 1, 2006, is ordered so as to
render truly effective the reparation of the victims who lost their homes owing to the violent
events that took place in the villages of El Aro and La Granja in the municipality of Ituango
(Antioquia), and to end the prolonged and unjustified violation of their fundamental rights
by the Colombian State.” Consequently, the Chamber ordered the National Housing Fund
(Fonvivienda) that, within 30 working days from the writ of execution of this ruling, it pay to
each of the victims who were petitioners in the amparo hearing, the sum of 135 current
monthly legal minimum wages. It added that, “in order to ensure that the said sum
complies with the purpose of the reparation established in the Judgment of the InterAmerican Court of July 1, 2006, the Colombian State may establish a collective compliance
policy in order to guarantee compliance with the measures of reparation.”
42.
Regarding the additional requisites that Fonvivienda is trying to impose on the
beneficiaries, the Administrative Court established that “the Colombian State shall not
require the beneficiaries to meet any additional requisite for the execution of the judgment
of the Inter-American Court of Human Rights, because this would be adding to and
modifying the judgment of the high international court, to which the Colombian State is
subject pursuant to the ‘Pact of San José, Costa Rica,’ signed and ratified by Colombia.” In
addition, “since this is a case of the violation of fundamental rights, and in keeping with
article 178 of the C.C.A., which refers to the pecuniary obligation of the Colombian State,
given the omissive position of the State in complying with what was ordered by the InterAmerican Court of Human Rights in a judgment of July 1, 2006, which had been
transformed into an Agreement that is now being executed, endorsed in the Order on
monitoring compliance of July 7, 2009, the sum of 135 minimum wages shall be updated
from the time at which the order should have been complied with until the moment at which
the payment is made.”
43.
The representatives advised that, based on the peremptory order issued by the
Administrative Court of Antioquia, Fonvivienda was preparing to hand over the substituted
pecuniary subsidy, annulling the above-mentioned requisites. In June 2012, it had still not
handed over the pecuniary subsidy to the heirs of Luis Argemiro Arango and María Vásquez,
who had died before the State had met its obligations. The heirs have filed inheritance
proceedings and have already forwarded the documents to Fonvivienda, which has not paid
out the funds yet. Also, the adjustment of the subsidies has not been paid out, because the
agreement made between the parties was for the payment of 135 monthly legal minimum
wages in force (hereinafter “MLMWF”) on the date that the payment was made. Based on
the foregoing and taking into account that Fonvivienda paid out 135 MLMWF for 2010 rather
than for 2012 as it has been making disbursements, payment of the said adjustment
remains pending.
44.
In its most recent report, the State advised that the entity responsible for handing
over the substitute pecuniary subsidy had indicated that it had now made the pecuniary
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