23
56.
That in the Judgment, the Court ordered, only regarding the next-of-kin of
three of the victims concerning whom the information needed to identify them is not
available, specific measures to identify them and maintained open the possibility of
considering them when monitoring compliance with the judgment 13. However, this
Court notes that the next-of-kin mentioned by the representatives, on this occasion,
are not related to those three victims, namely, Juan Bautista, Alberto Gómez or
Húber Pérez. As a result, the people referred to by the representatives shall be able
to consult with the competent Colombian authorities to assert what they consider to
be their rights in relation to the victims of the instant case.
57.
That in relation to the alleged incorrect distribution of the payments in case of
death of one of the beneficiaries, this Tribunal notes that the representatives have
timely confirmed that the State had made 90% of the payments, which was declared
by this Court in the Order of July 10, 2007 (supra Having Seen clause 3).
Furthermore, this Tribunal recalls that the distribution of the compensatory amounts
among the next-of-kin of the victims should be done in accordance with the criteria
and terms established in the Judgment, pursuant to the provisions of paragraphs 230
and 231 thereof.
58.
That as to the payment made to Mrs. Myriam Mantilla Sánchez, this Court
considers that the State should review such payment and grant her what may
correspond in relation to the decision made in the Judgment or otherwise, provide an
explanation of the case.
59.
That, subject to prior compliance with this aspect, the Court deems pertinent
to require detailed information regarding these last two aspects (supra Considering
clauses 57 and 58) mentioned by the representatives.
*
*
*
60.
That, as to the obligation to deposit the compensation ordered in favor of the
beneficiaries who are minors in a banking investment, while they are minors
(operative paragraph twenty-two and paragraph 290 of the Judgment), the State
mentioned that “there were no children in the payment of this judgment and
therefore, the payment was made to all the beneficiaries in the same manner.” Nor
the representatives or the Commission presented observations in this respect.
61.
That the Court verifies that the disagreements expressed by the
representatives regarding the payments made did not refer to this situation.
Considering that the parties have not contested this aspect and in view of the
available information, the Tribunal considers this aspect to be without effect and
therefore, it shall close the procedure to monitor compliance in relation to this
aspect.
*
*
13
*
Cf. Case of the 19 Tradesmen V. Colombia, supra note 9, para. 233 and 234.