85
respect the judgment of the Second Criminal Court of the Antioquia Specialized
Circuit of April 22, 2003.187 Fourth, regarding Arcadio Londoño, Francisco Eladio Ortiz
Bedoya, Marco Aurelio Areiza Osorio, Nelson de Jesús Palacio Cárdenas and Omar
Iván Gutiérrez Nohavá, the State forwarded evidence of the conciliation agreements
by which the State compensated them for pecuniary damage arising from the loss of
their property. Fifth, several testimonies were provided at both the domestic level
and before this Court that prove repeatedly the identity of the persons who lost their
property in El Aro (supra para. 125(81)). Lastly, the foregoing is reinforced by the
fact that the representatives mentioned these persons as alleged victims, presenting
lists and evidence identifying the victims of the violation of the right to property in
the briefs they submitted to the Court.
185. In view of the above, the Court finds that, in addition to the six persons
mentioned in the application and included in the State’s acquiescence, the victims of
the violation of Article 21 of the Convention are indicated in Appendix III of this
judgment.
186. In the report it issued under Article 50 of the Convention, the Commission
indicated the following twelve (12) persons and their next of kin as alleged victims of
the violation of Article 21 (Right to Property) of the Convention: Jahel Esther
Arroyave, Martha Olivia Calle, José Dionisio García, María Gloria Granada, José
Edilberto Martínez Restrepo, Rosa María Nohavá, María Esther Orrego, Mercedes
Rosa Pérez, Abdón Emilio Posada, Jesús María Restrepo, Danilo Tejada Jaramillo, and
Magdalena Zabala. These 12 persons were not mentioned by the Commission or the
representatives in their respective briefs submitted during the proceedings before
this Court, and no evidence was presented in this regard. Therefore, the Court does
not consider these 12 persons to be direct victims of the violation of Article 21 of the
Convention, without prejudice to any of these persons being beneficiaries of the
reparations ordered by the Court in their capacity as successors of the victims
indicated in this judgment or in their capacity as victims of the violation of other
articles of the Convention, if applicable.
187. Miriam Lucía Areiza was mentioned in the report issued by the Commission
under Article 50 of the Convention as an alleged victim of the violation of Article 21
thereof. The representatives also indicated her name as an alleged victim of the
violation of this article in their requests and arguments brief, as one of the
successors of Marco Aurelio Areiza Osorio. The Court considers that Miriam Lucía
Areiza will be a beneficiary of the reparations corresponding to Marco Aurelio Areiza
Osorio in her capacity as one of his successors.
188. Jesús García was indicated by the representatives as an alleged victim of the
violation of Article 21 of the Convention in their requests and arguments brief. In this
brief the representatives alleged that Jesús García lost 36 head of cattle. However,
there is no evidence in the file before the Court proving the loss of this property.
Consequently, since the Court has no evidence in the case file in this regard, it does
not consider Jesús García to be a victim of the violation of Article 21 of the
Convention.
187
p. 3.
Cf. Judgment of the Second Criminal Court of the Antioquia Specialized Circuit of April 22, 2003,
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