14
been made. In this respect, the Court considers that it is not pertinent to
request any further information on this matter.
b)
A term deposit certificate (TDC) has been established in favor of the
minors, Iván Andrés Caballero Parra and Ingrid Carolina Caballero Martínez.
However, the Court has observed that the conditions under which this
investment was made still need to be monitored, because a single TDC was
established in favor of two different individuals, of whom, one of them, the
minor Ingrid Carolina, will attain her majority on the date that this certificate
matures, on September 1, 2004. Moreover, when the investment was made,
it was put in the name of the Ministry of Defense, which undertook, at the
request of the representatives of the victims and their next of kin, to order
the transfer of the money to an account to be opened in the name of each of
the minors when the certificate matures. In this respect, since the minor
Iván Andrés will not have attained his majority at the date of maturity, it was
agreed that a new TDC would be established in the name of his
representative.
Consequently, the Court considers that this element
(corresponding to the first operative paragraph of the judgment on
reparations) is pending compliance and requests that, when the TDC matures
on September 1, 2004, information should be provided on the transfers made
and on the establishment of a new investment in favor of the minor Iván
Andrés; and
c)
Payment of the amount corresponding to the reparation for
compensation for non-pecuniary damage in favor of Ana Vitelma Ortiz,
mother of María del Carmen Santana (paragraph 51 and first operative
paragraph of the judgment on reparations) has been made. However, the
documentation provided by the parties shows that the State has not paid the
interest accumulated between the date of which the trust fund should have
been set up in January 1998 and the effective date of payment in May 2001.
In this respect, the Court considers that Colombia has complied with the
payment of the sum of US$10,000.00 (ten thousand United States dollars)
indicated by the Court in its judgment on reparations (supra second having
seen paragraph), but requests the State to provide information on payment
of the said interest. The Court considers that it is not pertinent to request
any further information on the part of the obligation that has already been
complied with.
*
7.
that:
*
*
That, in the judgment on merits of December 8, 1995, the Court decided
5.
[...] the Republic of Colombia [was] obligated to continue judicial proceedings
into the disappearance and presumed death of the persons named and to extend
punishment in accordance with internal law.
8.
That, after examining the documentation presented by the parties, the Court
has verified that, to date, those responsible for the disappearance of the victims
have not been identified. In this respect, the State has conducted two criminal
proceedings. The first began in 1989 and culminated in an acquittal in 1990, and
the next of kin of the victims did not participate in it as procedural subjects. During
the second proceeding, the procedural unity was interrupted when the investigation
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