7
regard to that, the State asks whether “it is possible to deliver the said payment to the
representatives of the victims´next of kin in the procedure before the Court” or whether “it
has to be made directly to the person the family group appoints for that purpose.” The State
explains that this doubt arises because “normally, in Colombian cases, the nongovernmental organization which represented the victims´next of kin in the proceedings
before the Inter-American Court takes care of collecting the compensations.” Furthermore,
the State asks, “what the State must do in the event the family group does not appoint a
person to receive this amount in its name and stead” and adds another question by stating
"if the lack of appointment derives from a disagreement among the next of kin [,] How must
the State proceed in this event?"
29.
The Commission considered that paragraph 305 of the Judgment “is clear when
setting forth the modality of the corresponding payment and does not consider that it is
necessary to address the other aspects mentioned by the State as they constitute
hypotheses of possible scenarios and not material situations which require a clarification by
the Court."
30.
The representatives expressed that in paragraph 305 “the Court does not specify
how to make” the payment of the amount that has been awarded as expenses. Regarding
that matter, they considered that “the payment must be made directly to the victim’s next
of kin and not to their legal representatives." Additionally, they considered that “in order to
determine which member of the family group is to receive the payment ordered in
paragraph 305, the Court must follow the order set forth in paragraph 251 of the Judgment
for the delivery of the compensation awarded as consequential damages.” P. 2155
31.
As to that, paragraph 305 of the Judgment sets forth that:
305.
The Court takes into account that the victims and their representatives incurred
expenses during both the domestic and the international proceedings of the instant case. On the
one hand, the representatives have requested that the Court takes into account “the patrimonial
detriment [the victims´next of kin] have suffered as a consequence […] of the search for justice,
truth and reparation.” The Court notes that although no payment receipts have been presented,
it is presumed that the victims´next of kin had to cover numerous expenses - some with the aid
of their representatives-, during the domestic administrative and criminal proceedings, which
have lasted for more than 17 years, as well as in all the other complaints of denouncement of
facts and the search of justice they have undertaken with regard to the facts of the La Rochela
massacre. By virtue of the above, the Court equitably determines the amount of $ 2,000.00 (two
thousand United States dollars or the equivalent amount in Colombian currency) for the family
group of each deceased victim and for surviving victim Arturo Salgado Garzón. Family groups of
the deceased victims shall appoint a person to represent them so that he/she collects the abovementioned amount. The State shall make the payments within one year.
32.
The Court notes that this paragraph of the Judgment is clear when stating that the
family groups and Mr. Arturo Salgado Garzón are the ones to be delivered the payment
awarded by way of expenses.
33.
As to the second question posed by the State, although it does not correspond
precisely to a case of Judgment interpretation, the Court considers that if a person is not
appointed to receive the payment for expenses or in case the family group does not come to
an agreement on the matter, it is admissible to proceed as set forth in the Judgment
regarding the modality of compliance of payment compensations. In that sense, in case the
beneficiaries of the payment do not receive the amount awarded within the term set forth
by the Court due to reasons for which they themselves are responsible, the State shall
deposit the said amount in an account or certificate of deposit of a solvent Colombian
financial institution, in United States dollars and under the most favorable financial terms
allowed by the legislation and the banking practices. If the amount corresponding to the
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