7
18.
That the representatives indicated that an association had been set up with the
participation of members of the village of Plan de Sánchez and other beneficiaries.
However, since certain administrative procedures have yet to be completed in
connection with the formal organization of said association, an account still remains to
be opened in the name of the entity so that the money can be deposited into it. They
added that the State had advised them that the funds were already available. Then,
they stated that “[…] the procedure for the registration of [the] Association had finally
been completed and the relevant account opened […]” and that they were awaiting
notice from the State regarding the date on which the relevant amount is to be actually
paid into it (supra Having Seen clause No. 4).
19.
That the Commission welcomed the favorable disposition of the State to comply
with its obligations under this operative paragraph. It further explained that it was
awaiting resolution of the existing obstacles, as the State already had the funds
required to be paid for infrastructure maintenance and improvements at the Plan de
Sánchez chapel (supra Having Seen clause No. 5).
20.
That, based on the information provided by the parties, even though the State is
willing to pay the relevant sum for infrastructure maintenance and improvements at the
memorial chapel, to the date of this Order there is no up-to-date information on the
status of compliance with this operative paragraph. Moreover, considering the
statements of the representatives, the Court finds it necessary for them to provide the
State with the relevant information (name and bank account number for the deposit,
etc.), so as to speed up the relevant steps. Lastly, the Court reiterates its statements in
item (d) of the third declarative paragraph of its Order of November 28, 2007, (supra
Having Seen No. 2), and considers it essential that both the State and the
representatives report back to it on the steps taken in order to comply with the sixth
operative paragraph of the Judgment, so that compliance status may then be assessed.
*
*
*
21.
That, as regards to, the tenth, eleventh, twelfth, thirteenth, fourteenth and
fifteenth operative paragraphs of the Judgment (supra Having Seen clause No. 1), which
deal with the amounts to be paid on account of pecuniary damage, non-pecuniary
damage and costs and expenses, the State advised, that on January 11, 2008, it had
paid the third and final installment of the full amount set in said Judgment. Moreover,
the State provided 268 payment release documents evidencing payment to most of the
victims of the third installment of the full amount awarded in the Judgment plus interest
accrued as of such date. It also provided a release document for payment of the third
installment on account of costs and expenses to the representatives (supra Having Seen
clause No. 3).
22.
That this Court finds it appropriate next to make reference to the situation of
certain victims or their next of kin regarding actual payment of the compensation
awarded in the Judgment. In this regard, it should be noted as to the failure to submit
the copies of the release documents for payment of the second installment to Rosario
Galeano, Juan Galeano, Albino Cajbón, Hilario Galeano, Catalina Galeano, and Silvestre
Galeano, which this Court had asked for in the Order of November 28, 2007, that the
State explained that, upon examining the information provided by Silvestre and Hilario
Galeano, it had verified that such persons were indeed the ones referred to in the
Judgment on Reparations and, therefore, on January 11, 2008 they were paid the full