consideration transportation, accommodation and food expenses in the places where they received
information, as well as intermediation measures taken before State entities in order to demand
progress in the criminal and disciplinary proceedings over the last 13 years. The State did not
present specific arguments under this heading.
327. The representatives considered that “in the events, 27 persons, adults and children were
injured and [therefore] their families had to care for them and use the family’s financial resources
to obtain the health care services required for their recovery from the time of the facts until now.
In addition, several of those injured suffer total or partial disabilities and secondary effects that
affect their ability to work.”452 In addition, they considered that “they suffered intense physiological
damage, because, experiencing this situation has affected their physical, psychological and
psychiatric integrity and, currently, their overall health has been impaired, which is revealed by the
effects of being subjected to such a tragic situation.”453 The State did not present arguments in this
regard.
328. The representatives indicated that the funeral rites for most of the victims who were killed
were held by means of collective commemoration. Their next of kin incurred the said expenses,
which were claimed in the requests for reparation at the domestic level; however, the first instance
judgment delivered by the Arauca administrative court454 did not recognize some of the amounts
requested under the heading of funeral services, while it also failed to duly update the amounts
requested;455 furthermore, it did not recognize interest to make up for the prejudice arising from
this over the 13 years that it was not reimbursed and, also, reduced them by 2% as a result of the
conciliation agreement in second instance.456 Consequently, they asked the Court to order the
State to make an additional payment under this heading.457
452
In particular, they asked that the State grant “compensation, in equity, for the families of the victims, based on the
following criteria: (1) For the family of a victim who was injured without being incapacitated for employment by the doctors,
the sum of US$2,500; (2) For the family of a victim whose employment capacity was reduced by up to 10%, compensation
of US$5,000; (3) For the family of a victim whose employment capacity was reduced by 10% to 20%, compensation of
US$10,000; (4) For the family of a victim whose employment capacity was reduced by 20% to 30%, compensation of
US$15,000; (5) For the family of a victim who suffered the highest reduction of employment capacity, the rule of increasing
the sum by US$5,000 for each 10% extra, and (6) If the injured person was a minor, this compensation should be
increased by US$2,500, owing to the increased care required by patients in this group.” In addition, they asked that the
Court order the payment of the same concepts to the following families. To the Galvis Mujica family US$20,000, to the Neite
González family US$5,000, to the Neite Méndez-Rangel family US$ 2500, to the Vanegas Tulivila family US$15,000, to the
Molina Panqueva US$2,500, to the Ávila Abaunza (Castillo) and Bonilla Ávila US$2,500, to the Barranco Bastidas family
US$2,500, to the García Guevara family US$17,500, to the Cárdenas Tilano family US$15,000, to the Quintana Bello-Tilano
family US$10,000, to the Daza Rojas family US$5,000. To Fredy Yovany Monoga Villamizar US$20,000 and to other
independent injured victims US$2,500.
453
The representatives requested, specifically, and according to the criteria stated, that the injured should receive
reparation for physiological harm as follows: US$35,000 for Mario Galvis and Fredy Yovany Monoga Villamizar; US$30,000
para Edwin Fernando Vanegas Tulivila and Alba Yaneth García Guevara; US$20,000 for Mónica Alicia Bello Tilano;
US$15,000 for Erinzon Olimpo Cárdenas Tilano; US$7,500 for Neftalí Neite, Marcos Aurelio Neite, Hilda Yuraine Barranco
Bastilla, Rosmira Daza Rojas, Lida Barranca, Ricardo Ramírez, Yeimi Viviana Contreras and Maryori Agudelo Flórez; and
US$5,000 for Amalio Neite, María Cenobia Panqueva, Milciades Bonilla, Gleydis Xiomara García Guevara, Maribel Daza
Rojas, Ludwing Vanegas, Marian Arévalo, José Agudelo Tamayo, Pedro Uriel Duarte Lagos, Ludo Vanegas, Adela Carrillo,
Alciades Bonilla and Fredy Mora.
454
Judgment of the Contentious Administrative Court of Arauca, Mario Galvis Gelvez et al., case file No. 81-001-232000-348, May 20, 2004 (evidence file, tome XX, folio 10180 to 10274).
455
The representatives updated the figures based on the Consumer Price Index (CPI) for December 1998, which was
52.18 and the CPI for September 2011, which was 108.35 points. This calculation was not contested by the State.
456
Conciliation hearings held before the Third Section of the Council of State, the first on November 24, 2006, and the
second on November 8, 2007, in the proceedings for direct reparation in the domestic jurisdiction. On November 24, 2006,
the parties reached a conciliation that was ratified in a hearing of November 8, 2007, and approved on December 13, 2007.
See 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 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 to
806).
457
They asked, in particular, that the State be ordered to pay: US$700 for the families of Salomon Neite and Luis
Orlando Martínez Carreño, US$800 for the family of Edilma Leal Pacheco, US$900 for the family of Luis Carlos Neite
Mendez, US$1,000 for the families of Rodolfo Carrillo, Deysi Katherine Cárdenas Tilano, Jaime Castro Bello and Egna
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