7
considering that Ingrid Carolina Caballero Martínez does not have legal
representation, it’s necessary for the State to orchestrate the measures necessary
for the Tribunal to have a document through which the beneficiary can submit her
comments regarding said measure of reparation.
15.
That regarding the reparation due to Iván Andrés Caballero Parra, during the
hearing for the monitoring of compliance, the State indicated that the Certificate of
Deposit “has always been the same, but has been extended” and that the drop in the
yield is due to a drop in international rates and the devaluation of the dollar. Also,
the State indicated that recently, in a brief dated January 14, 2008, the
representatives informed the State that said person had reached the age of consent
on December 12, 2006. In that sense, the State filed documentation which records
that on January 31, 2008, it requested the information necessary for redeeming the
Certificate of Deposit in the name of said person from the Colombian Commission of
Jurists. The State confirmed that the payment owed to Iván Andrés Cballero Parra is
an obligation subject to conditions, that is, that the party in question must inform
the State of having reached the age of consent and submit the documentation
necessary for the redeeming of the CD. Therefore, the State maintained that it is not
responsible for paying interest on arrears since the beneficiary reached the age of
consent. Finally, as to the payment of the interest of said Certificate on behalf of the
legal representation of Iván Andrés Caballero Parra, in the hearing for the monitoring
of compliance the State submitted copies of receipts for the transfers that had been
made from January 2007 to January 2008 to an account belonging to said person.
16.
That the representatives maintained a lack of information in this regard and
that they did not take the measures necessary to make the investment in a way that
would guarantee the greatest benefit for Iván Andrés Caballero Parra. They indicated
that the Certificate of Deposit had not been extended, rather it had been newly
invested under conditions less favorable to said person’s interests. In addition, in the
hearing for the monitoring of compliance, the representatives maintained that the
State must pay interest in arrears from December 12, 2006, as this payment is an
obligation with a deadline, which was reached when Iván Andrés Caballero Parra
reached the age of consent; therefore, as of the expiration of that deadline, the
arrears went into effect automatically. Also in the public hearing, the representatives
submitted a brief from January 18, 2008, in which Mrs. María Nodelia Parra, mother
of Iván Andrés Caballero Parra, reported that they had not received “interest in
December 2006, during the year 2007, and what has passed of 2008” and that “the
interest corresponding to the period since the trust was closed” should be paid.
Finally, the representatives in the hearing requested a copy of the security in
question and the documentation related to it.
17.
That the Commission expressed that more information was needed on the
reparation owed to Iván Andrés Caballero Parra. Likewise, it indicated that the date
that the beneficiary reached the age of consent was the moment in which the State
should have complied with its obligation, it being clear that the State was the one
who had to comply with that obligation. Regarding the interest in arrears, it indicated
that the Court should take it into consideration before declaring compliance on this
operative paragraph, taking into account what was indicated by the Judgment on
reparations.
18.
That the State also is carrying out the necessary actions for compliance with
this obligation according to the information and documentation it provided. The
Tribunal comments that there is a discrepancy between the State and the