113
(h)
Regarding the State agents under investigation by the investigatory
bodies as a result of the events of El Aro, judicial decisions have been taken
that include Abelardo Bolaños Galindo, Army Lieutenant at the time, and
Germán Antonio Alzate Cardona, Army First Corporal at the time, in the
proceedings.
iii) Concerning the proceedings in the administrative jurisdiction
(a)
The persons affected by the criminal facts that occurred in La Granja
and El Aro filed several judicial proceedings designed to obtain full
compensation for the pecuniary and non-pecuniary damage suffered;
(b)
Some people who resorted to the international process to obtain
compensation – among other matters – decided not to use the legal channels
that domestic law offered for this purpose (autonomous civil action or an
action for compensation filed within the criminal proceedings and the
administrative action for direct reparation);
(c)
Of the 239 persons who resorted to the international proceedings, 92
of them filed claims against the State before the national judges to obtain
reparation for the damage they had been caused;
(d)
Article 16 of Act 446 of 1998 refers to integral reparation; hence, it
appears that the Colombian legal system is not opposed to seeking forms of
reparation;
(e)
The administrative proceedings filed have been conciliated and the
respective payment authorizations will soon be issued; and
(f)
Three of the proceedings were not conciliated; of these, two were
decided by the Antioquia Administrative Court against the claimants; one of
the judgments is not final and another is being reviewed on appeal.
iv)
Concerning the Social Solidarity Network Program for Victims of
Violence
(a)
This program grants humanitarian assistance to the victims defined in
article 15 of Act 418 of 1997, understanding as victims “those members of
the civilian population whose life has been jeopardized or who have suffered a
grave deterioration of their personal integrity or that of their property, as a
result of terrorist attacks, fighting, kidnappings, attacks or massacres in the
context of the internal armed conflict”;
(b)
Regarding the events that occurred in La Granja and El Aro, five
requests for humanitarian assistance were submitted, processed and
responded to as a result of the events in La Granja by the next of kin of Jairo
de Jesús Sepúlveda Arias, and four owing to the events in El Aro, by the next
of kin of Marco Aurelio Areiza Osorio, Guillermo Andrés Mendoza Posso and
Nelson de Jesús Palacio Cárdenas; and
(c)
Another two similar requests for pecuniary reparations could not be
accepted, that of Wilmar de Jesús Restrepo Torres, since it was submitted
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