-10addition, the Court has observed that some difficulties have arisen concerning
payment to the permanent companion of the victim Carlos Arturo Riatiga Carvajal
(supra Having seen paragraph 4). According to the communication that the
representatives sent to the State, this victim’s permanent companion is “Rosmira
Arias Ortega.” Given that the judgment delivered by this Court indicated that the
name of the permanent companion of Carlos Arturo Riatiga Carvajal was “Luz Marina
(o María) Arias Ortega,”5 this Court considers that the representatives and the State
should indicate whether there is any dispute on this matter.
(h)
That it deposit the compensation ordered in favor of the beneficiaries who are
minors in a banking investment in their names in a reputable Colombian banking
institution, in United States dollars, within one year, and in the most favorable
financial conditions allowed by legislation and banking practice, while they are
minors (twenty-second operative paragraph and paragraph 290 of the judgment).
The Court notes that no specific information on this matter has been included in the
two reports submitted by the State during the phase of monitoring compliance with
judgment;6 nor did the representative refer to it in their observations on the State’s
report of May 24, 2006 (supra Having seen paragraph 6); and
(i)
That it adopt the necessary measures to locate the next of kin of Juan
Bautista and Huber Pérez (whose second surname is possibly Castaño) and deliver
the corresponding reparations. To this end, among other measures, Colombia must
broadcast on a radio station and a television channel and publish in a newspaper, all
with national coverage, an announcement indicating that it is trying to locate the
next of kin of these victims to provide them with a reparation in relation to the facts
of this case (paragraph 233 of the judgment). The Court notes that the State did not
refer to this matter in its report of May 24, 2006 (supra Having seen paragraph 3);
nor did the representatives (supra Having seen paragraph 6). Nevertheless, the
Court observes that resolutions issued on February 22 and 24, 2006, by the
Ministries of National Defense, the Interior, and Justice, copies of which were
provided by the State as appendixes to its report, state that “after the
announcements ordered in the judgment to identify the next of kin of the victims
JUAN BAUTISTA and HUBER PEREZ had been made, no one came forward proving
that they were the legitimate successors. Consequently, the compensation
corresponding to the victim will be recognized, and the State will apply the provisions
contained in the twenty-first operative paragraph of the judgment” of the Court. In
this regard, the Court considers that the State must report upon its compliance with
this element and, in particular, present detailed information on how the
announcements ordered in paragraph 233 of the judgment were publicized; and
12.
That the Court will consider the general status of compliance with the judgment on
merits, reparations, and costs of July 5, 2004, when it has received the relevant information
about the measures pending compliance.
*
*
5
*
Case of the 19 Tradesmen. Judgment of July 5, 2004. Series C No. 109, para. 108(b).
6
Cf. Case of the 19 Tradesmen. Compliance with judgment. Order of the Inter-American Court of Human
Rights of February 2, 2006, considering paragraph 10(h).