5
11.
That this Court appreciates the fact that the State has paid half the amount of the CD
and the yield thereof to its maturity date to Ingrid Carolina Caballero-Martínez who, on her
part, confirmed the payments were made. Based on the information provided by the parties,
the Court considers that the State has complied with this reparation measure.
12.
That regarding the difference of USD 500.00 (five hundred United States dollars) in
the payment due, although the State informed that on November 19, 2008, it had also
complied with said obligation, it failed to send a document evidencing so. Therefore, the
Court considers that it is necessary that Colombia presents a document evidencing payment
attached to its next report. Furthermore, it is necessary that the State takes the necessary
steps -as it has already done in this monitoring process- so that the Court is provided a
document by means of which the beneficiary may confirm the above mentioned payment or
forward her observations in that respect.
*
*
*
13.
That regarding the material obligations in favor of Iván Andrés Caballero-Parra (first
operative paragraph of the Judgment of reparations and costs), the State informed that: a)
on June 12, 2008, it paid Iván Andrés Caballero-Parra the amount corresponding to the CD,
through a payment into court into his savings account in the amount of $ 44,342,183.00
(forty-four millions, three hundred and forty-two thousand, one hundred and eighty-three
Colombian pesos); b) on November 19, 2008, it paid the beneficiary the additional amount
of USD 500.00 (five hundred United States dollars), in order to complete the compensation
he was entitled to, and c) it forwarded copies of the bank transfers vouchers for the yields
of the CD, transfers which were effected between December 2006 and January 2008, by
means of deposits into the bank account of Mrs. Nodelia Parra, legal representative of the
beneficiary. Consequently, the State requested the Inter-American Court to declare the
compliance with the first operative paragraph of said Judgment.
14.
That in their brief of September 18, 2009, the representatives stated that “they were
gathering the necessary information so as to compare it [with] that submitted by the State
and what has been ordered by the Court” (supra Having Seen clause No. 14). As of the date
of this Order, they have not presented observations regarding the payments made in favor
of Iván Andrés Caballero-Parra.
15.
That the Commission observed that the State did inform and present documents
evidencing the above mentioned payments and “except the representatives submit
information stating otherwise, it consider[ed] that this reparation measure would be
complied with.”
16.
That regarding the payment of the amount stated in the CD in favor of Iván Andrés
Caballero-Parra, the Court reminds that at the monitoring hearing held on February 4, 2008,
the representatives stated that to the amount of the CD the State had to add interest in
arrears originated from December 12, 2006, date on which the beneficiary attained the legal
age. In view of that, in its Order of February 6, 2008, the Court stated that “the State had
to timely comply with the reparations ordered in the Judgment, which implies the
compensations payment on the date the fall due, in the instant case, the date on which Iván
Andrés Caballero-Parra attained the legal age”, and “it consider[ed] it necessary that in its