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from their agricultural activities and that the facts obliged them not only to
abandon the place they had freely chosen to live, but also to abandon their
livelihood. Consequently, and since there is no tangible evidence of their
usual income, the Court should order, on grounds of equity, the payment of
an amount to repair the indirect damage and loss of earning of the victims
and their next of kin;
(b)
To determine the compensation to which those who lost their
immovables have a right, the Court should determine the value on grounds of
equity, even though it has not been possible to determine the characteristics
of the homes of some of the owners or the exact number of cattle, horses and
mules they lost. However, there is ample evidence of the damage suffered;
(c)
One factor to calculate the amount of the compensation for the
persons who lost immovables is that, by Act 9 of 1989, the Colombian legal
system established the concept of social housing and a quantitative standard
to determine its value. This Act has been reformed several times and
currently Act 812 of 2003 is in force. According to these criteria, “for villages
such as El Aro, belonging to the municipality of Ituango, which has less than
500,000 inhabitants, the amounts for social housing range from 51 to 70 legal
minimum wages; namely, from 19,075,000 pesos to 26,705,000 pesos
(equivalent to US$8,293 to US$11.611)”; and
(d)
Compensation should be established for the displaced victims who
were identified in the proceedings and who are described in the table
containing the names of 724 persons presented in the final arguments brief
and with the useful evidence.
368. In their final written arguments, the representatives included a list of persons
who have reached a conciliation agreement with the State to receive compensation
in keeping with the criteria of national jurisprudence. The representatives consider
that the said amounts are low compared to the criteria used by the Court and
request that these agreements should be taken into account as part of the payment
of compensation for both pecuniary and non-pecuniary damage determined by the
Court.
The State’s arguments
369.
In relation to pecuniary damage the State indicated that:
(a)
Regarding quantification and determination of the financial claims,
these should be strictly adjusted to the Court’s case law, particularly taking
into account the specific conditions of the claimants as regards their social,
professional and financial situation, and that reparations are supposed to
provide compensation and not to enrich; and
(b)
The reparations recognized by the State in the conciliation hearings in
the administrative jurisdiction should be considered fair and sufficient, as
regards the rights to life and property.
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