131
(Obligation to Respect Rights) thereof, who are indicated in Appendix II of
this judgment;
(c)
The fifty-nine (59) persons who lost their possession in El Aro, who are
indicated in Appendix III of this judgment, as victims of the violation of
Articles 5 (Right to Humane Treatment) and 21 (Right to Property) of the
Convention, in relation to Article 1(1) (Obligation to Respect Rights) thereof;
(d)
The forty-three (43) persons whose homes were destroyed in El Aro,
who are indicated in Appendix III of this judgment, as victims of the violation
of Articles 5 (Right to Humane Treatment) and 11(2) (Right to Privacy) of the
Convention, in relation to Articles 21 (Right to Property) and 1(1) (Obligation
to Respect Rights) thereof;
(e)
The seven hundred and two (702) persons displaced from El Aro and
La Granja, who are indicated in Appendix IV of this judgment, as victims of
the violation of Articles 5 (Right to Humane Treatment) and 22 (Freedom of
Movement and Residence) of the Convention, in relation to Article 1(1)
(Obligation to Respect Rights) thereof, and in relation to Article 19 of this
instrument in the case of the children; and
(f)
The twenty-seven (27) persons displaced whose homes were
destroyed in El Aro, who are indicated in Appendix III of this judgment, as
victims of the violation of Article 5 (Right to Humane Treatment) of the
Convention, in relation to Article 11(2) (Right to Privacy), 21 (Right to
Property), 22 (Freedom of Movement and Residence) and 1(1) (Obligation to
Respect Rights) thereof.
362. The compensation determined by the Court shall be delivered to each
beneficiary as a victim of the violations indicated in paragraphs 138, 168, 200, 235,
248, 279 and 344 of this judgment.
363. In the case of the victims or their next of kin, who are beneficiaries of the
compensation established in this judgment and who are deceased or die before the
respective compensation is delivered to them or who are subsequently identified, the
criteria for the distribution of the compensation indicated in paragraph 362 apply.
*
*
*
364. Before continuing on to the sections on reparations for pecuniary and nonpecuniary damage, the Court observes that some of the victims have obtained
compensation through the mechanisms available in the domestic sphere (supra para.
125(101)). Bearing this in mind, the said amounts may be deducted by the State
when paying these people the pecuniary reparations established in this judgment.
365. In this regard, the Court observes that it is possible that, in some cases, the
amounts established in the domestic sphere may be substantially more than those
established by the Court for pecuniary and non-pecuniary damage. One of the
principal purposes of the Colombian administrative jurisdiction, through the action
for direct reparation, is precisely to grant the corresponding pecuniary reparation
when damage has been caused by an illegal act of a public official. In contrast, this
Court seeks, above all, to determine whether, in the cases filed before it, the State is
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