6
that the Ministry of Defense had indicated that it would have added US$10,000 (ten
thousand United States dollars) to the trust fund set up for the minors, but that it
was unable to do so because FIDUBANCOOP had gone into liquidation. The State
also indicated that it had been unable to locate the remains of the victims, despite
four exhumation procedures. Lastly, Colombia added that the criminal proceeding
was before the National Human Rights Unit of the Office of the Attorney General,
which had “remanded Gonzalo Arias Alturo in custody”; but this measures had been
revoked and the pre-trial proceeding had been precluded in his favor, “as if he had
already been prosecuted and acquitted of the kidnapping of Isidro Caballero and
María del Carmen Santana.” However, the State added that Mr. Arias Alturo
continued in detention for offenses other than those investigated in the proceeding
to which the instant case refers.
22.
The communication of September 10, 1999, and its attachment, in which the
Commission indicated that the petitioners had found María del Carmen Santana’s
mother.
23.
The communication of September 16, 1999, and its attachments, in which the
Commission presented the documents corresponding to the Registry Office and other
documentation that demonstrated the existence of Ana Vitelma Ortiz, the mother of
María del Carmen Santana Ortiz.
24.
Note CDH-10,319/682 of September 29, 1999, in which the Secretariat gave
the State until November 15, 1999, to make the investment in term deposit
certificates in United States dollars in the Banco Cafetero, since Colombia had
informed the Court that it could not comply with this obligation before October 27,
1999, the date on which the trust fund contract signed by the Ministry of Defense
and FIDUBANCOOP expired (supra twenty-first having seen paragraph).
25.
The communication of October 15, 1999, and its attachments, in which the
Commission presented its comments on the State’s report of July 30, 1999 (supra
twenty-first having seen paragraph). In this respect, it indicated that the lack of due
diligence by Colombia in seeking the next of kin of María del Carmen Santana Ortiz
had unjustifiably delayed the reparation of the damage caused, because the
documents forwarded by the representatives of the victims concerning the identity of
the victim and her next of kin had been obtained from public offices (supra twentysecond and twenty-third having seen paragraphs). With regard to the measures
taken to locate the remains of the victims, it indicated that the State’s report
referred to steps taken prior to the delivery of the judgment on reparations (supra
second having seen paragraph). Lastly, it indicated that the Military Superior Court
had advised the representatives of the victims that “on July 10, 1998, the
discontinuance of the proceeding in favor of Major General Alfonso Vacca Perilla had
been confirmed,” who had been absolved of all responsibility, which indicated “the
lack of serious measures to achieve the transfer of the investigation to the ordinary
jurisdiction.”
26.
Note CDH-10,319/691 of November 25, 1999, in which the Secretariat, on
the instructions of the President, informed the State that the period granted for
complying with the payment owing to the minors, Andrés Caballero Parra and Ingrid
Carolina Caballero Delgado had expired, and therefore requested that the respective
information should be forwarded as soon as possible.
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