72 c) if a victim did not have any children, or spouse or permanent companion, fifty percent (50%) of the compensation award shall pass to the victim's parents equally. If one of the parents is dead, his or her share will pass to the other parent. The remaining fifty percent (50%) shall be distributed equally among the victim's siblings; and d) in the absence of any relatives in any of the categories defined in the sections above, any amounts to which they would have been entitled shall be distributed to the rest in proportion to their entitlements. 238. As for the victims’ next of kin entitled to the compensation set forth herein who have died or die before collecting their compensation, it must be delivered to the successor in conformity with the applicable internal law. B) COMPENSATION 239. The Court will now determine the appropriateness of granting monetary reparations and the appropriate amounts to be awarded in this case. To this end it will take into account that the State has awarded compensation at the domestic level in administrative proceedings239 and in court-approved settlement agreements,240 as well as the fact that under the partial agreement on reparations the State agreed to pay compensation.241 240. The Court approves the abovementioned partial agreement on reparations as to the compensation awards contained in it, for they constitute a means of adequately repairing the consequences of the violations established in this Judgment, are in line with this Court’s jurisprudence, and represent a step forward by Colombia towards complying with the obligation to make reparations in accordance with Article 63(1) of the Convention. This Court understands that the twenty siblings of the victims in whose favor the compensation is awarded have received monetary reparations as victims of the violations of the Convention established in this Judgment. Therefore, the Court establishes that the State must make the payments of the agreed upon Compensation, in the manner established in the agreement, within one year. The twenty siblings of the victims will be able to collect the amounts as successors to the deceased victims. 239 The State granted an indemnity for “moral damages”, “lost earnings” and “future earnings” to the next of kin of eleven of the twelve deceased victims and to the surviving victim Arturo Salgado Garzón. The State did not order an indemnity for lost earnings with regard to all of the victims. The orders that granted the dispersal of such payments were issued in 1996 and 1997 by the Ministries of Justice and Defense. The next of kin of the deceased victim Arnulfo Mejía Duarte did not participate in the contentious administrative process. 240 Agreed to by the “the Nation – Ministry of Interior and Justice – Ministry of National Defense” and two of the surviving victims and their next of kin in April 2006 and judicially approved by the Contentious Administrative Court of Santander on September 8, 2006 (record of supervening evidence provided by the State, November 8, 2006, pages 6807 to 6827). 241 The State provided an indemnity for “reasons of injury” in favor of 20 siblings of 4 of the deceased victims (Mariela Morales Caro, Carlos Fernando Castillo Zapata, Luis Orlando Hernández Muñoz and Arnulfo Mejía Duarte). This Court understands that the agreed to indemnities take into account as much material injury as immaterial injury caused to said families. At the same time, this agreement manifests that those 20 families “waive their claim made before the Inter-American Court in relation to the indemnification for injury”, but “do not waive the related topic of the eventual possibility that they could be awarded an indemnity in their favor as successors of the direct victims.”

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