adjustments, so that it would inform the Court when it received the vouchers for the
disbursements made.
45.
Reiterating its previous findings (supra considering paragraphs 27 to 30), the Court
considers it inappropriate that the representatives of the victims had to file additional
domestic lawsuits in order to obtain compliance with an operative paragraph of the
Judgment, regarding which this Court had even endorsed an agreement between the
representatives and the State in July 2009, for the award of a pecuniary subsidy to the
victims in substitution for the housing program that had been ordered. Nevertheless, the
Court assesses positively the terms in which the application for amparo was decided by the
Fourth Sentencing Chamber of the Administrative Court of Antioquia, and this has ended the
differences regarding the way in which the agreement should be implemented. As indicated
by the State, the pecuniary adjustment has already been made and is about to be paid out,
so that the Court considers that the State has complied partially with this measure of
reparation and awaits the information and documentation indicating that the pending
payments have been made.
e.2
Regarding the payment to Marcelino Barrera
46.
Regarding Marcelino Barrera, whose measure of reparation was ordered by the Court
under No. 49 of Annex III, and Héctor Builes, the representatives were informed by these
two men that, when the massacre in El Aro occurred, Mr. Barrera was, indeed, an inhabitant
of El Aro, but merely as a tenant of a house for which Héctor Builes possessed the
ownership title. When the house was set on fire, Mr. Barrera lost all his household goods
and the contents of a store that operated in the house. The representatives only received
this information when they had commenced the formalities for the beneficiaries to sign the
express acceptance of the agreement of substitution by the 135 MLMWF, which would be
forwarded to the Court in order to substitute the measure. When the parties communicated
this situation, they also indicated that they were in agreement and had made a verbal
agreement that Mr. Barrera would receive the reparation to be paid out to the titleholder
Mr. Builes who, in turn, would recognize to Mr. Barrera the loss of his household goods and
the contents of the store. Héctor Builes died at the beginning of 2011 and his 11 heirs
wanted to renew, in writing and in the same terms, the agreement that their father had
reached with Marcelino Barrera. Accordingly, they informed Fonvivienda of the facts and
asked that, temporarily, it abstain from making the payment in favor of Mr. Barrera, in
order to give the parties time to sign a prior agreement. Subsequently, Mr. Barrera
informed the heirs of Héctor Builes that he was not willing to make the same agreement
with them that he had reached with their father. The representatives provided information
on the ownership deeds of the property that Marcelino Barrera occupied, but indicated that
it was not up to them to resolve the dispute between the parties. They were also informing
Fonvivienda that the parties had not reached an agreement.
47.
The Court observes that the actual situation must be resolved by the competent
domestic authorities. The Court will not continue to monitor this aspect.
e.3
Regarding the situation of “Carlos Mendoza��
48.
The representatives asked the Court for clarification regarding a name under No. 17
of Annex II of the Judgment which contains the list of those who lost possessions in El Aro
(according to paragraph 125.81 of the Judgment), victims of the violation of the right to
property. After making inquiries, the representatives have concluded that, in the village of
El Aro, there is not and never has been a person who responds to the name of simply
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