the loss of a loved one. Owing to the nature of this violation, in the practice, this signifies
that the deceased victims’ heirs (who in most cases are the next of kin) are the beneficiaries
of the compensation corresponding to the deceased victim, while the next of kin who are
declared to be victims in the judgment, because of the damage to their mental and moral
integrity due to the loss of a loved one, are the beneficiaries of a distinct compensation
amount related to this additional damage.” The Commission added that, “in paragraphs 334
to 338 of the Judgment, especially in the assessment of the aspects covered by the
reparations granted at the domestic level and the consequent determination of who and for
what concepts may have recourse to the mechanism established in [paragraph] 337 of the
Judgment, these elements are not clearly distinguished from the pecuniary reparations
based on the right to life in light of the consistent case law of the Inter-American Court.��
Thus, “and given that on previous occasions the Court has taken a different approach in
similar situations […],” the Commission considered that the request for interpretation filed
by the representatives was admissible.
16.
The State indicated that the request was inadmissible because “the intention was to
contest the ruling issued by the Court and […] to expand its scope as regards the measures
of compensation granted and the persons who would benefit from them.” It added that such
matters “are outside the regulatory sphere of Article 67 of the American Convention,
because they would lead to the modification of the previously delivered judgment.”
Furthermore, it indicated that the representatives were not referring to a problem of
interpretation but, to the contrary, were merely contesting substantial matters relating to
the Judgment. Lastly, the State considered that the compensation mechanism of paragraph
337 of the Judgment “was established expressly by the Court for the injured victims and
their next of kin who, being identified as injured party during these proceedings, had not
exhausted the contentious-administrative jurisdiction, and for five family members of two
deceased victims who were recognized as injured party and who had not received
reparation at the domestic level. Consequently, the mechanism [could] not be extended to
the “heirs” of the 16 deceased victims who, in the Court’s understanding, had already
received satisfactory compensation under domestic law.”
Considerations of the Court
17.
The Court recalls that the Judgment considered the following with regard to the
reparations granted at the domestic level in relation to the death of the persons who were
declared victims of the violation of the right to life:
“334.
[…] the Court notes that the next of kin of those who died in Santo Domingo
received reparation under the Colombian contentious-administrative proceeding […].
Thus, 107 relatives of 16 of the 17 presumed victims who were killed have received
compensation under the contentious-administrative jurisdiction.6 These next of kin
6
Cf. Judgment of the Contentious-Administrative Court of Arauca, Mario Galvis Gelvez et al., case file No.
81-001-23-2000-348, May 20, 2004 (evidence file, tome 20, folio 10180 to 10274), the Conciliation Agreement,
Third Section, Council of State, Mario Galvis Gelves et al., proceedings No. 28259, November 8, 2007 (evidence
file, tome 3, folios 1044 and 1045), and the approval of the Conciliation Agreement, Judgment of the Third Section,
Council of State, Mario Galvis Gelves et al., case file No. 07001-23-31-000-2000-0348-01, December 13,
2007(evidence file, tome 2, folios 751-806). In this judgment, the conciliation was approved between the Nation
and 19 of the 23 joint litigators, it was declared that the proceedings were terminated with regard to them, and the
agreement was not approved with regard to the remaining four, ordering that the proceedings should continue in
their regard. Subsequently, in a judgment of November 19, 2008, the Nation-Ministry of Defense was declared
materially responsible for the damage caused to the four remaining co-litigants. See Third Section, Council of
State, Mario Galvis Gelves et al., case file No. 07001-23-31-000-2000-0348-01, November 19, 2008 (evidence file,
tome 3, folios 1047-1127).
5