CEJIL

Order of the
Inter-American Court of Human Rights∗
of November 17, 2009
Case of Caballero Delgado and Santana v. Colombia
(Monitoring Compliance with Judgment)

HAVING SEEN:
1.
The Judgments on the merits, reparations and costs (hereinafter referred to as “the
Judgments”), rendered by the Inter-American Court of Human Rights (hereinafter referred
to as “the Inter-American Court” or “the Court”) on December 8, 1995 and on January 29,
1997, respectively.
2.
The Orders of monitoring of compliance with the Judgments issued by the Court on
November 27, 2002, on November 27, 2003 and on February 6, 2008. In the latter, the
Court declared:
2.
That it shall keep the monitoring of compliance proceedings open with regard to the following
paragraphs pending fulfillment:
a)
transfer of half the amount corresponding to the reparations stated in the Term Certificate of
Deposit in United State dollars and the yield thereof to its maturity date to an account that shall be
opened in the name of minor Ingrid Carolina Caballero-Martínez, who by then will be of age, in
accordance with Considering Clause No. 14 of the […] Order;
b)
the issue of a new Term Certificate of Deposit in United States dollars in the amount
corresponding to half the reparations and the yield stated in the [Term Certificate of Deposit] expiring
on September 1, 2004, in favor of the representatives of minor Iván Andrés Caballero-Parra, in
accordance with Considering Clauses No. 18 and 19 of the […] Order;
c)
the investigation and punishment of those responsible for the disappearance and alleged death
of the victims, in accordance with Considering Clauses No. 23 and 24 of the […] Order; and
d)
the location of the victims mortal remains and the delivery thereof to their next of kin, in
accordance with […] Considering Clause No. 28 of the […] Order.

3.
The brief of August 14, 2008 and the appendixes thereto, whereby the State of
Colombia (hereinafter referred to as “the State” or “Colombia”) presented information on
the compliance with the paragraphs of the Judgments pending fulfillment.
4.
The communication of August 27, 2008, whereby the Inter-American Commission on
Human Rights (hereinafter referred to as “the Commission” or “the Inter-American
Commission”) requested a two-week extension from the reception of the brief of
∗

Judges Cecilia Medina-Quiroga and Leonardo A. Franco informed the Court that, on grounds of force
majeure, they could not participate in the deliberation and signature of this Order. Therefore, Judge MedinaQuiroga relinquished the Presidency in the terms of Article 4(3) of the Court Rules of Procedure to the Court VicePresident, Judge García-Sayán, President in office for the instant case.