28
76.
That the Commission expressed that “any action carried out by the State in
order to comply with payment of the compensations […] shall take into account the will
of the beneficiaries, either expressed directly or through the representatives duly
appointed before the Tribunal from the start of the judicial stage of the process before
the Inter-American System.” Likewise, the Commission stated that, “it is evident that
there are very big differences between the assessment the State has of what it has
done and the assessment of the victims’ representatives regarding the actions carried
out by the State.” It considered that based on the information provided during the
hearing, it cannot assume a position, reason for which it asks that the Court require
from the State a detailed response regarding each of the matters discussed at the
hearing.
77.
That any dispute regarding agreements on fees between the representatives
and the beneficiaries shall be resolved through the corresponding mechanisms within
domestic law. However, the representatives have the duty to inform the Tribunal,
especially during the processing of the case in its contentious stage, of the agreements
on fees that result in the victims not receiving the totality of the compensatory amount
ordered in their favor. On the other hand, the Court urges the State to remove all the
hindrances of an administrative nature or any other nature that may prevent the
effective compliance of the obligations to pay that correspond to the latter and it
especially considers that in those cases in which the victims or their next of kin have
granted a specific written mandate to a third party to receive the payments ordered in
the mentioned Judgment, after the notification of the same, pursuant with the legal
requirements established within domestic law, payment may be made through their
representatives.15
e)
Public summons in order to make the payments
78.
That the representatives referred to the situation of risk that could result from a
public summons in order to make the payments of compensations to the next of kin
declared beneficiaries. During the hearing they mentioned that the State made that
summons even on the National Army’s radio stations. They stated that, in general, a
public summons is made when the name and location of the beneficiaries is unknown,
which is not the case here. Therefore, they requested that this Tribunal order the State
to suspend payment of the compensations through public announcements –stated in
Order No. 825 of April 3, 2008 of the Ministry of Internal Affairs and Justice- since it
puts the beneficiaries at risk. In this sense, they also informed of the existence of
telephone threats to three of the beneficiaries of compensations. The commission
shared the representatives’ concern, considering that it can place the next of kin of the
victims at risk due to the high levels of insecurity, violence, and crime present in the
areas where some of them live.
79.
That with regard to that expressed by the representatives, the State informed it
had sent official and personal letters to a number of beneficiaries and it “had been
careful not to mention proper names,” precisely to avoid putting them at risk.
Additionally, the State indicated that it seemed strange to it that the victims had not
informed it they were being the objects of pressures. Likewise, the State mentioned
that the complaints regarding the threats received by some of the beneficiaries of the
compensations had not been filed and that it had asked that the representatives inform
the competent authorities of the alleged facts.
15
The Court made a similar ruling in the monitoring of compliance with the judgment issued in the
Case of the La Rochela Massacre v. Colombia, which was communicated to the State through the
Secretariat’s note of May 15, 2008.
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