21
Mrs. Sandra Belinda Montero Fuentes, of her children Juan Manuel Ayala Montero
and María Paola Casanova Montero; of Messrs. Salomón Flórez Contreras and Luis
José Pundor Quintero and of Mrs. Ana Diva Quintero Quintero de Pundor, and their
respective families.
49.
That, while in the Judgment, the Court emphasized the general duty to
protect that falls upon the States as to the people related to the case before the
Tribunal, when ordering said provisional measures in the instant case, the Court
deemed that there was a situation that met prima facie the conditions of "extreme
gravity" and "urgency", as well as the need to "avoid irreparable damage", and
ordered the State the implementation of certain protective measures.
50.
That due to the extreme gravity of risk verified in this case, the Tribunal
deems pertinent to continue monitoring the implementation of the protective
measures in favor of the beneficiaries of such measures within the framework of the
provisional measures.
51.
That, nevertheless, the need to maintain the protective measures calls for an
evaluation of the existence of situations of extreme gravity and urgency in order to
avoid irreparable damage that gave rise to those measures, which the Court shall do
infra.
*
*
*
52.
That as to the State’s obligation to pay the amounts established in the
Judgment as compensation for pecuniary and non-pecuniary damage (operative
paragraphs twelve, thirteen, fourteen and fifteen and paragraphs 230, 231, 233,
234, 235, 240, 242, 243, 248, 249, 250, 251 and 252 of the Judgment), the State
communicated that the compensatory amounts have been fully paid. In particular,
“about the payment of the remaining 10% of the compensatory amounts ordered,
the Ministry of Interior and Justice informed that, in the month of July 2006, an
inter-administrative agreement was entered into with the Superior Council of
Judicature, in order to pay the balance due to the victims' next-of-kin.” In addition,
it informed that “by means of Resolution 2582 of October [18], 2006, it was decreed
the payment of 10% of the compensatory amounts to the Colombian Jurists
Commission”, which has already been paid. As to the payment to the partner of
Messr. Carlos Arturo Riatiga, Mrs. Luz María Arias Ortega, the State informed that by
means of Resolution 151 of February 22, 2006 the Ministry of Defense ordered the
deposit of the payment in her favor and, later on, Mrs. Rosmira Arias Ortega
provided evidence of the capacity as permanent partner of the victim and therefore,
it was requested to deliver the sum deposited in an account of the Colombian Jurists
Commission.
53.
That the representatives put on notice over three aspects by which they
understand that the Court should not consider this aspect to be complied with:
a) In the first place, they alleged the “lack of payment to the next-of-kin who,
even though they are not included in the judgment, demonstrate the same
capacities of those who were recognized as beneficiaries in such judgment
and in respect of which several requests have been submitted to the State.”