C)
Regarding the obligation to pay compensation, costs and expenses
(thirteenth, fourteenth and fifteenth operative paragraph of the judgment)
16.
The State advised that it had approved “the transfer to the Ministry of Justice of
US$32,400.00 for the payment of the pending reparations” for Mr. Ramírez Rojas and his
son, Marco Antonio Ramírez. It added that “internal measures remained to be taken in order
to conclude the said payments.”
17.
Subsequently, the representatives reported that the State “had complied with paying
Wilson García Asto and his next of kin the compensation” ordered by the Court. They added
that “the State […] had complied with the payment of [the costs and expenses] to the
beneficiaries.” In addition, they indicated that, in May 2009, the State had “complied with
the final payment of compensation to Urcesino Ramírez Rojas, and only the payment of
compensation in favor of his son Marco Antonio Ramírez Rojas remained pending.”
Regarding this pending compensation, they indicated that “although [Marco Ramírez] was a
minor when the Court handed down its judgment, he has now attained his majority, and the
National Human Rights Council has advised the State of this.”
18.
The Commission indicated that, with regard to Mr. García Asto and his next of kin
“this obligation has been complied with totally.” As regards Mr. Ramírez Rojas, it
underscored that “a sum equal to US$102,600.00 was paid. Since the amount established in
his favor in the judgment was US$110,000.00, […] the payment of US$7,400.00 (United
States dollars) remains pending.” In addition, the Commission “observe[d] that […] the
amount corresponding to him from the inheritance of his mother, María Alejandra Rojas,
also remains pending.” With regard to Marcos Ramírez Álvarez, it emphasized that “the
beneficiary has attained his majority so that it is not necessary to establish the trust fund
ordered, but rather to make the payment directly,” an aspect that is pending. Regarding the
next of kin of Mr. Ramírez Rojas, at first the Commission asked the State to explain “the
surplus of US$714.28 paid to [his] seven siblings,” and “whether this amount corresponds
to the compensation established by the Court for Maria Alejandra Rojas (deceased), their
mother.” The Commission observed that Urcesino Ramírez Rojas and Pompeya Ramírez
Rojas “should also be included in this payment, because [they are] the son [and daughter]
of María Alejandra Rojas.” Subsequently, the Commission did not refer to this allegation
again and indicated that it was only the payment to Marcos Ramírez Álvarez that was
pending.
19.
In this regard, the Court considers that the information provided by the parties
allows it to conclude that the State has complied with all the payments corresponding to Mr.
García Asto and his next of kin. Regarding Mr. Ramírez Rojas, according to the information
provided by the representatives in May 2009, the Court concludes that the State complied
with the payment of all the compensation in his favor. In addition, the Court observes that
the State has complied fully with the total payment to the beneficiaries for costs and
expenses.
20.
Lastly, the Court underlines that, in its last order on monitoring compliance, it
requested further information on the payment of compensation, including information on
“the obligation to pay Marcos Ramírez Álvarez the amount established for non-pecuniary
damage, because he had attained his majority, so that it would not be necessary to create a
trust fund in his favor.” The Court observes that it is essential that it receive more
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