-6-
(f)
Regarding the medical and psychological treatment for the victims’ next of
kin, it “regret[ted] that there has been no significant progress in compliance with this
important obligation,” and stated that “the nature of the damage to be repaired by
this means is incompatible with the degree of progress revealed in the State’s
report”;
(g)
Regarding the obligation to trace the next of kin of three of the victims, it
observed that “the State d[id] not report” on the measures it had adopted to locate
the next of kin of two of the victims, whose whereabouts remain unknown;
(h)
Regarding the payment of the compensation ordered for the victims’ next of
kin, it noted that “the injured parties confirm that 90% of the compensation has
been paid,” and that the State is “making every effort to resolve some problems”
concerning the payment of the remaining 10%.
(i)
Regarding the setting up of bank investments in favor of the beneficiaries who
are minors, it indicated that the State had made no mention of this in its report; and
(j)
Regarding the payment of costs and expenses, it indicated that “the State
had indicated that [this] had been made on April 7, 2006.”
8.
The briefs of August 11 and September 26, 2006, in which the representatives
submitted a copy of communications they had sent to the Ministries of Foreign Affairs and of
Social Security in relation to the reparation concerning medical and psychological treatment
for the victims’ next of kin.
9.
The brief of July 3, 2007, and its appendix, in which the Colombian Commission of
Jurists consulted the Court about “the payment of the compensation ordered in favor of
Jorge Enrique Pineda Bedoya, brother of the victim, R[U]BEN EMILIO PINEDA BEDOYA,” who
is a beneficiary of compensation ordered by the Court in its judgment. The representatives
indicated that Jorge Enrique Pineda Bedoya had died on November 15, 2005, after the
judgment had been delivered, and that the compensation that corresponded to him “had
already been delivered by the Colombian State to the Colombian Commission of Jurists for it
to make the corresponding payment.” The representatives stated that, according to
paragraphs 230 and 231 of the judgment, they considered that “if any beneficiary of the
compensation was deceased at the time of the judgment, it was understood that his share
would be distributed among the other beneficiaries in the same category[; i]n this case,
among the siblings.” The representatives asked about “the appropriate interpretation of the
judgment in relation to the distribution of the compensation ordered in favor of Jorge
Enrique Pineda Bedoya,” and “whether it increased the compensation to his siblings, as
established in paragraph 231 of the judgment, or whether it should be distributed among
his successors, which would correspond to those who prove that they are his children.”
CONSIDERING:
1.
That one of the inherent attributes of the jurisdictional functions of the Court is to
monitor compliance with its decisions.
2.
That Colombia has been a State Party to the American Convention since July 31,
1973, and accepted the Court’s compulsory jurisdiction on June 21, 1985.