reparations.740 They concluded that, if this law were to be applied to this case, the right of access to justice and equality of the victims would be violated. 465. Based on the principle of subsidiarity, the State asked the Court to abstain from ordering any reparation because the presumed victims had not requested reparations before the contentious-administrative jurisdiction, which was the competent jurisdiction, and that, in the case of Colombia, this is seated in the Council of State, an entity that has been characterized by its rulings on the issue and for ordering measures of integral reparation. Nevertheless, it asked that, if the Court should order compensation, it take into account the payments made to the presumed victims under the provisions at the domestic level for providing attention and reparation to the displaced populations. D.1.1. Pecuniary damages 466. Regarding pecuniary damage, the representatives requested: (a) payment to each family of US$1,244,633 (one million two hundred and forty-four thousand six hundred and thirty three United States dollars), which includes the concepts of consequential damage741 and loss of earnings;742 (b) payment to the family of Marino López of US$4,680,296 (four million six hundred and eighty thousand two hundred and ninety-six United States dollars),743 and (c) that 740 According to article 60 of the Victims and Land Restitution Law, the offer to the displaced population is currently in effect, and provided that it is priority, prevalent and responds to their specific vulnerabilities, it has a reparatory effect. 741 The representatives indicated that the consequential damages for each family were US$372,854 (three hundred and seventy-two thousand eight hundred and fifty-four United States dollars) and that this is composed of two items: (a) property for a total value of 12,348,000 (twelve million three hundred and forty-eight thousand Colombian pesos; they did not indicate the value in United States dollars), which includes the home, the place where the tools were kept, produce, and boats; (b) movable assets for a total of 480,972,101 (four hundred and eighty million nine hundred and seventy-two thousand one hundred and one Colombian pesos; they did not indicate the value in United States dollars). This total was obtained as follows: 1,416,293 (one million four hundred and sixteen thousand two hundred and ninety-three Colombian pesos) for tools; 36,153,700 (thirty-six million, one hundred and fifty-three thousand seven hundred Colombian pesos) for animals, 404,529,123 (four hundred and four million, five hundred and twenty-nine thousand one hundred and twenty-three Colombian pesos) for agricultural products, and 38,872,985 (thirty-eight million eight hundred and seventy-two thousand nine hundred and eighty-five Colombian pesos) for household goods abandoned owing to the displacement. In addition, they referred to community property for a total of US$33,009 (thirty-three thousand and nine United States dollars). 742 The representatives indicated that the loss of earnings was calculated for each family during the years that they were displaced (1998-2000); to this end, the value of animals and produce was added up and 30% was subtracted for family consumption, which gave a total of US$871,779 (eight hundred and seventy-one thousand seven hundred and seventy-nine United States dollars) based on the following figures: (a) 1998: 494,909,448 (four hundred and ninety-four million nine hundred and nine thousand four hundred and forty-eight Colombian pesos), (b) 1999: 539,125,820 (five hundred and thirty-nine million one hundred and twenty-five thousand eight hundred and twenty Colombian pesos), and (c) 2000: 502,067,080 (five hundred and two million sixty-seven thousand and eighty Colombian pesos). 743 For the family of Marino López, the representatives included the value of previous pecuniary damage increased by loss of earnings (as under the previous heading) for the years 2001 to 2011 (with the respective increases of the CPI), taking into account that they stayed in Turbo and never returned. The details of the amounts for those years are: 2001: 548,678,121 (five hundred and forty-eight million six hundred and seventy-eight thousand one hundred and twenty-one Colombian pesos); 2002: 552,599,373 (five hundred and fifty-two million five hundred and ninety-nine thousand three hundred and seventy-three Colombian pesos); 2003: 555,570,018 (five hundred and fifty-five million five hundred and seventy thousand and eighteen Colombian pesos); 2004: 561,451,895 (five hundred and sixty-one million four hundred and fifty-one thousand eight hundred and ninety-five Colombian pesos); 2005: 565,313,886 (five hundred and sixty-five million three hundred and thirteen thousand eight hundred and eighty-six Colombian pesos); 2006: 567,512,010 (five hundred and sixty-seven million five hundred and twelve thousand and ten Colombian pesos); 2007: 560,323,049 (five hundred and sixty million three hundred and twenty-three thousand and forty-nine Colombian pesos); 2008: 548,559,295 (five hundred and forty-eight million five hundred and fifty-nine thousand two hundred and ninety-five Colombian pesos); 2009: 582,246,410 (five hundred and eighty-two million two hundred and forty-six thousand, four hundred and ten Colombian pesos); 2010: 575,295,100 (five hundred and seventy-five million two hundred and ninety-five thousand one hundred Colombian pesos); 2011: 594,128,990 (five hundred and ninety-four million one hundred and twenty-eight thousand nine hundred and ninety Colombian pesos). 145

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