13
or seven victims whose names appear twice on the Judgment. Only seven of them
have received the two payments amounting to 66.66% of the compensation amount
specified in the Judgment. Therefore, it could not be determined whether all of them
have received or not the respective payments.
49.
That this Court deems it necessary that the State submit a detailed report
regarding the steps currently being taken to resolve the problems related to the
identification and location of and payment to the persons involved in the situations
described in Considering clauses No. 47(a), (b), and (c) and 48 (a), (b), (c) and (d)
respectively. Especially, the State must provide information about the measures
adopted to ensure payment of the compensation specified in the Judgment to the
victims, until such conditions are remedied and, if appropriate, indicate whether an
account or certificate of deposit has been secured in a banking institution in favor of
those who have not received payment of the compensation ordered (Cf. paras. 67, 76,
89 and 121 of the Judgment on Reparations and Costs of November 19, 2004 delivered
by the Court in the instant case).
50.
That the Court considers that all necessary measures to resolve the
aforementioned problems should be expedited; for such purposes, it is necessary that
the victims and their representatives cooperate in providing the information that may
facilitate proper payment of the pertinent compensation amount to those who have not
yet received it (supra Having Seen clause No. 1). In addition, the representatives and
the Commission must provide details regarding the particular situation of each one of
the persons named above, in accordance with Considering clauses No. 47 and 48 of
this Order.
51.
That, as regards the first and second payments made, according to the
information provided by the State and the comments submitted by the representatives
and the Commission, the Court finds that there is no dispute over the fact that the
State has made the first payment of 33.33% of the compensation amount specified in
the Judgment, in relation to which 273 payment records were remitted; and that the
State has made the second payment of 33.33% of the compensation amount specified
in the Judgment, in relation to which 259 payment records were remitted. Such
payments were made to the victims, their legal representatives or assigns, as specified
in the payment summary attached to this Order. Therefore, the Court finds that the
State has complied with the payment of 66.66% of the compensation awarded to the
persons identified in the Judgment, with the exception of those victims that are
involved in the situations described in Considering clause No. 47 and 48 of this Order
and in the attached payment summary, and who have not received payment, in whole
or in part, of the compensation awarded by the Court.
52.
That, according to the information provided by the State and the comments
made by the representatives, this Court finds that the State has complied with the first
and second payments amounting to 66.66% of the amount awarded by the Court to
the representatives for costs and expenses.
53.
That the State must pay the total amount of compensation for pecuniary and
non-pecuniary damage to the victims as well as the unpaid balance of the amount
awarded for costs and expenses to the representatives, in accordance with the tenth,
eleventh, twelfth, thirteenth, and fifteenth operative paragraphs of the Judgment
rendered in this case (supra Having Seen clause No. 1).
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