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the State clearly demands it, the jurisprudence of the Inter-American System indicates
that this is not an excuse based on which the State can fail to comply with that ordered
in the Judgment by the Court. In its subsequent observations the Commission limited
itself to stating that “it hopes that the obstacles that have presented themselves in the
present case can be overcome as soon as possible.”
60.
That the Court appreciates the State’s actions tending to comply with this
operative paragraph, specifically its inclusion of the corresponding budgetary item to
make the payments. The Tribunal considers that the State has partially complied with
this obligation regarding payment for the concept of non-pecuniary damages set in
favor of the next of kin of the victims, and assesses that, even though made outside of
the terms set in the Judgment, the majority of the beneficiaries has received the
totality or the majority of the payments that correspond to them. There is no
controversy specifically in what refers to the delivery of the payments, except
regarding the exchange rate used, the delayed payment interests accrued, and the
way in which the calculations were made, and the procedures through which they were
made effective (infra Considering Clauses 62 through 80).
61.
That on the other hand, it is necessary to require that the State complete, as
soon as possible, the study and evaluation of the corresponding documents in what
refers to the beneficiaries of the compensations for non-pecuniary damages who are
not mentioned in the Judgment and who were later identified within the term
established to that effect, according to that established in paragraph 237 of the same.
Once said exam has been completed, the State shall make effective the payments in
their favor. On the other hand the State shall complete the payments for the concept
of pecuniary and non-pecuniary damages suffered by the 43 victims who either
disappeared or were deprived of their life, which correspond to their next of kin in their
nature of successors, in the terms established in the Judgment. The State shall inform
of all the aforementioned, as well as with regard of the people who have come forward
to claim compensations under the assumptions of the Judgment, the cases in which
the status of beneficiaries has been acknowledged or denied, and, in each case, the
criteria applied.
b)
Interests on delayed payments
62.
That with regard to payment of the interests on delayed payments, the State
informed of a series of steps taken, assuming that the delay in payment had generated
interests on delayed payments. At the same time, the State pointed out that,
according to Article 177 of the Administrative Proceedings Code, along with Article 60
of law 446 of 1998, the causing of interests ceases after six months computed as of
the execution of the decision if the beneficiaries do not present themselves before the
entity responsible for making it effective, along with the documents required for that
effect.” The State added that at a meeting held on June 22, 2007 it informed the
representatives they should present the documents necessary for payment before the
Ministry of Internal Affairs and Justice and they were required to do so. At the time of
the consignment of the resources on December 27, 2007 at the Banco Agrario, it made
the corresponding update according to Article 178 of the Contentious Code, that is,
using as a base the index of prices to consumers. It added that on February 20, 2008
the representatives had not yet fulfilled that requirement and that it therefore could
not demand interests on delayed payments for the period that had gone by up to
December 27, 2007. Thus, it stated “that it will acknowledge in good faith the interests
on delayed payments according to the regulations stated and taking into account that