Order of the
Inter-American Court of Human Rights*
of February 6, 2008
Case of Caballero Delgado and Santana v. Colombia
(Monitoring of Compliance with Judgment)
HAVING SEEN:
1.
The Judgment on the Merits and the Judgment on Reparations and Costs,
handed down in the case Caballero Delgado and Santana by the Inter-American
Court of Human Rights (hereinafter, “the Inter-American Court” or “the Tribunal”) on
December 8, 1995 and January 29, 1997, respectively.
2.
The Orders of monitoring of compliance issued by the Inter-American Court
on November 27, 2002, and November 27, 2003. Through the latter, the Tribunal
declared:
1.
That the State has complied partially with the provisions of the first and second
operative paragraph of the judgment on reparations, as regards:
a)
payment of the amounts corresponding to reparations and reimbursement of the
expenses of María Nodelia Parra Rodríguez, as mentioned in subparagraph (a) of the sixth
considering paragraph of [the] Order; and
b)
payment of the amount corresponding to the reparations for compensation for nonpecuniary damage in favor of Ana Vitelma Ortiz, mother of María del Carmen Santana, except for
the amount relating to interest on arrears, as mentioned in subparagraph (c) of the sixth
considering paragraph of [the] Order.
2.
That it will keep the proceeding on monitoring compliance in this case open, as regards
the following matters that are pending compliance:
a)
payment of the interest accrued on arrears in favor of Ana Vitelma Ortiz, mother of
María del Carmen Santana, as indicated in subparagraph (c) of the sixth considering paragraph of
[the] Order;
b)
transfer of half the sum corresponding to the reparations invested in the Certificate of
Deposit in United States dollars and the interest on this certificate at the date of its maturity, to
the account to be opened in the name of the minor, Ingrid Carolina Caballero Martínez, who will
reach the age of consent at that time, as indicated in subparagraph (b) of the sixth considering
paragraph of [the] Order;
c)
investment in a new Certificate of Deposit in United States dollars of the sum
corresponding to half the reparations and interest invested in the CD that matures on September
1, 2004, in favor of the representatives of the minor, Iván Andrés Caballero Parra;
d)
Investigation and punishment of those responsible for the disappearance and alleged
death of the victims, as indicated in the eleventh and twelfth considering paragraph of [the]
Order; and
e)
Location of the victims’ remains and their delivery to the next of kin, as indicated in the
fourteenth considering paragraph of [the] Order.
*
Judge Manuel E. Ventura Robles informed the Court that, for reasons of Force Majeure, he could
not be present during the deliberation and signing of this Order.