141
with Article 1(1) of that same Convention. Based on the body of evidence, the Court
finds that among those victims the following have been identified: José Rolan
Valencia, Sinaí Blanco Santamaría, Antonio María Barrera, Hugo Fernando Martínez
Contreras, Diego Armando Martínez Contreras, Gustavo Caicedo Rodríguez, Enrique
Pinzón López, Luis Eduardo Pinzón López, Jorge Pinzón López, José Alberto Pinzón
López, Jaime Riaño Colorado and Álvaro Tovar Muñoz.
254. Also, information supplied by the State in its brief with final pleadings and in
an April 6, 2005 document signed by the Attorney General’s Office, points out that
the following persons have been individually identified in the criminal proceeding:
Jaime Pinzón, Raúl Morales, Edwin Morales, Manuel Arévalo, Omar Patiño Vaca,
Eliécer Martínez Vaca and Uriel Garzón, as well as Ana Beiba Ramírez, as victims of
the facts in Mapiripán (supra para. 96.52). In view of this, the Court appreciates the
proven willingness of the State to cooperate by providing the names of those
persons, which entails admitting that they are victims of the massacre, and based on
this it will set the appropriate compensations.
255. On the other hand, the information supplied in the case provides the names
of two possible victims of the Mapiripán Massacre: Néstor Orlando Flórez Escucha
(supra paras. 96.131 and 96.128) and Wilson Molina Paredes. The appendixes to the
application filed by the Commission include a complaint filed jointly on July 19, 1999
before the Administrative Law Court of Meta by the next of kin of Sinaí Blanco
Santamaría and Néstor Orlando Flórez Escucha, in which they refer to the death of
the former and the alleged disappearance of the latter during the facts in Mapiripán.
Despite this, neither the Commission nor the representatives argued that Néstor
Orlando Flórez Escucha was a victim of the massacre, and they did not include him
or his next of kin in their claims regarding reparations. Thus, given the need for
evidence to facilitate adjudication, the Court asked the State and the representatives
to explain whether said person was an alleged victim of the massacre, as well as the
reason why the next of kin had withdrawn said complaint. Despite said explicit
request, when the representatives replied they sent a copy of said complaint, which
was already part of the body of evidence, and they stated that “since the Colectivo
de Abogados was not involved in said proceeding, they [had] no information
available.” The State, in turn, supplied as evidence to facilitate adjudication, the
ruling by the Administrative Court of Meta that approved the aforementioned
settlement agreements and that accepted the withdrawal of the claims of the
application filed by the next of kin of Néstor Orlando Flórez Escucha (supra para.
96.131). Furthermore, in its September 2, 2005 brief regarding the Court’s request
for evidence to facilitate adjudication, the State reported that the next of kin of
Wilson Molina Paredes had reached a friendly settlement in that venue, but they
contributed no document attesting to said agreement. In other words, the Court
does not have sufficient information to clearly establish that Néstor Flórez Escucha
and Wilson Molina Paredes were victims executed or made to disappear during the
Mapiripán Massacre. In view of the above, the Court will not consider them victims in
the instant Judgment and therefore will order no compensation for them or their next
of kin, without detriment to the possibility, if it is subsequently established that they
are victims, of the next of kin appearing before the official mechanism established to
claim their rights (infra para. 311).
256. This Court also finds that all the next of kin of the approximately 49 victims
are “injured parties”, as victims themselves of the abridgment of the rights embodied
in Articles 5(1), 5(2), 8 and 25 of the American Convention, in combination with
Article 1(1) of that same Convention (supra paras. 146 and 241); said next of kin
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