9
reparations and payment of the compensation, and that only after complete compliance has
been verified would the case be closed.
XII
34.
On May 10, 1996 the Commission submitted to the Court an application from the
minor child Ingrid Carolina Caballero-Martínez, requesting that the Judgment to be issued
by the Court "recognize the minor INGRID CAROLINA CABALLERO-MARTINEZ as the
daughter of the victim ISIDRO CABALLERO-DELGADO" (capitals in the original). To that
end, the attorney submitted documents substantiating the kinship between his client and
the victim and describing the moral and material damage she had sustained as a result of
her father's disappearance. He also pointed out that the victim had been responsible for his
daughter's upkeep, for which purpose "25 percent of his salary and unemployment benefit
had been withheld by agreement reached with the child's mother in the Bucaramanga
Second Minors Civil Court."
35.
At the public hearing held by the Court on September 7, 1996, the Government
requested the Commission to refer to the situation of the youth Caballero-Martínez, to
which the Commission replied that "the proper course [would be] for the Court to reserve
her rights in the event they were substantiated."
XIII
36.
During that same public hearing, the Alternate Agent of the Government informed
the Tribunal of his concern regarding the identity of Ms. María del Carmen Santana-Ortiz: of
the sixteen registrations in that name in the National Registry of the Colombian Civil State,
none appeared to match the data or supposed age of the victim in the instant case.
37.
The Commission, for its part, stated that in that regard it had "heeded" the
statements made to the Court by "a number of persons" and that this criterion must prevail
over formal criteria of the existence or otherwise of State-established records.
38.
For the above reasons, on November 11, 1996 the President requested the parties to
the case to inform him of any significant progress made in the investigation into the identity
of Ms. Santana and her relatives, particularly Mrs. Vitelma Ortiz, referred to by the
Commission at this reparations stage as Ms. Santana's mother. In response to that
request, on November 28, 1996 the Government submitted a copy of a letter from the
National Civil Registry of Colombia stating that the department files "contained no evidence
that any certificate of citizenship had ever been issued in the name of Santana-Ortiz María
del Carmen or Ortiz Vitelma." The Government also sent the Court a copy of the thirteen
existing records relating to María del Carmen Santana. On December 13, 1996 the
Commission submitted a copy of a communication it had received from the representatives
of the petitioners in the case, declaring that the statements contained in the probatory
evidence "conclusively established both María del Carmen Santana's existence and her
emotional ties to Mr. Cristóbal Anaya-González."
XIV
39.
In calculating the compensation for material damage suffered by the relatives of the
victims, the Court decided that the amount should be one which, invested at a nominal
interest rate, would have a monthly yield equivalent to the amount of the income the
victims would have received during their probable lifetime. In this regard, the Court ruled