18
60.
That even though the State did not present any receipts of the payments made, the
representatives indicated that they effectively received the amounts that, to such end, were
ordered in said resolutions. The representatives did not question the amounts ordered by
the State, apart from observing that there was a devaluation of the dollar between the date
of the Judgment and the date of the effective payment, which does not constitute noncompliance on the part of the State to make the corresponding payments. Nevertheless, it
is not possible to conclude from the observations presented by the representatives that all
the beneficiaries indicated in the Judgment received the corresponding compensation. When
referring to the compliance with this measure, the representatives used expressions that
suggest that the State did not deposit an amount in favor of some beneficiaries. For
example, in the last observations forwarded to the Tribunal regarding this aspect, the
representatives indicated that by means of the Resolution 5898 of December 28, 2007, the
State complied with "most of the payment of the compensations ordered by the Court" and
that "by means of Resolution 2088 of May [27] 2008, it was ordered a deposit […] in favor
of some people". The lack of accuracy regarding which people received or which did not
receive the corresponding compensation prevents the Tribunal from declaring the full
compliance with this obligation. For this reason, it deems pertinent to request the parties to
submit detailed information in this regard (infra Considering clauses 61 to 64, 67 and 71
and Operative Paragraph 2).
61.
That after examining the documentation forwarded to the Tribunal it is possible to
verify that some of the victims and beneficiaries mentioned in the Judgment have been
apparently excluded from Resolutions 5898 and 2088; therefore it is impossible to know
whether they received the corresponding compensations. Nevertheless, considering there
are only two relevant resolutions and that the observations submitted by the
representatives are not accurate and do not refer to each and every one of the
beneficiaries, the Tribunal cannot be certain about the people who were compensated or
about the amounts effectively delivered. Therefore, the Court deems pertinent to request
the parties to submit detailed information in this regard (infra Operative Paragraph 2 and
3).
62.
That even though the Judgment indicated that within the 24 months following
notification of this judgment, people different from the ones mentioned in the Judgment
may prove their condition as beneficiaries of the reparations,26 no sufficient evidence has
been tendered to the court file for this Tribunal to determine whether this is the reason why
resolutions 5898 and 2088 also ordered payments in favor of people that were not identified
in the Judgment. Hence, it seems necessary to request thorough and detailed information in
this regard (infra Operative Paragraph 2).
63.
That, in this sense, some of the victims and beneficiaries have directly expressed
certain doubts to the Tribunal in relation to the payments that correspond to them in view of
the Judgment (supra Having Seen clauses 5, 6 and 7). In this sense, Mrs. Marta Marlene
Barrera Pino submitted to the Tribunal a copy of a "Record of Statement” addressed to the
State, by means of which she indicated that after almost eleven years she has "not received
the compensation for the loss suffered" due to the armed incursion in El Aro and requested
the Court the “full restitution”. In this regard, it is uncertain for the Tribunal whether the
State or the representatives have answered such queries. Even though Mrs. Marleny Barrera
Pino is not mentioned as beneficiary of the reparations ordered in the Judgment, the
Tribunal notes that Mrs. Barrera Pino could have proved her condition as beneficiary of the
reparations within 24 months of notification of this Judgment (supra Considering Clause
26
Cf. Case of the Ituango Massacres, supra note 7, para. 358.