pecuniary and non-pecuniary damage they had suffered, because “the latter [had] not been
specifically identified in the Judgment.”
40.
Bolivia also advised that, in communications issued on September 16, 2011, and
publications made in the press on September 22, 25 and 28 that year, Martha Castro
Mendoza and Rebeca, Tito and Raquel Ibsen Castro were advised that the said payment
authorizations had been issued in their favor, and also of “the opening of a bank account to
deposit the sums established in favor of Rainer Ibsen Cárdenas and José Luis Ibsen Peña.”
In this regard, the State asserted that “despite [its] efforts to comply [with this measures of
reparation], it was the beneficiaries who refused to collect their money within the
established time frame.” Thus, according to the State, the payment authorizations issued by
the Central Bank of Bolivia in the name of Martha Castro Mendoza, Rebeca, Tito and Raquel
Ibsen Castro for pecuniary and non-pecuniary damage and to reimburse costs expenses
were redeemed on December 6, 2011.
41.
Furthermore, regarding the compensation corresponding to Rainer Ibsen Cárdenas
and José Luis Ibsen Peña for pecuniary and non-pecuniary damage, the State indicated that
once their status of the beneficiaries as heirs had been accredited, using domestic law as a
parameter as decided by the Inter-American Court, they were allowed to collect the
corresponding amounts. In this regard, it indicated that, regarding the compensation
allocated to the heirs of José Luis Ibsen Peña, on March 16, 2012, payment was made to
Martha Castro Mendoza, Rebeca Ibsen Castro and Raquel Ibsen Castro and, on March 20,
2012, Tito Ibsen was paid. Moreover, regarding the compensation assigned to the heirs of
Rainer Ibsen Cárdenas, the State advised that, on July 10, 11 and 17, 2012, the payments
were made to Tito Ibsen Castro, to Martha Castro and Raquel Ibsen Castro, and to Rebeca
Ibsen Castro, respectively. Lastly, and based on the above, the State indicated that it had
“proceeded to make full payment of the compensation in favor of Martha Castro Mendoza,
[and of] Rebeca, Raquel and Tito Ibsen Castro.”
42.
The representatives advised that the State had paid the corresponding compensation
“in three partial payments and on different dates, outside the one-year time frame
established by the Court, and without taking into account costs, fines and interests,” which
“result[ed] in a reduction in the amount of compensation owing to administrative costs,
transport, travel, official procedures, and accommodation, among other expenses, as well as
[for] the bank transfers [that] involve a deduction for the ITF [tax on financial transactions]
charges.” In addition, they asserted that “collecting the payment was delayed and difficult,
because, for over six months, certain officials of the Ministry of Foreign Affairs argued
erroneously that the Judgment made […] a legal differentiation between the terms ‘heirs’
and ‘beneficiaries,’” casting doubts on the relationship of the victims’ next of kin and
obstructing the payment of the compensation. According to the representatives, the General
Directorate of Legal Affairs of the said Ministry claimed that the victims should file “legal
actions” in order to be declared heirs of Rainer Ibsen Cárdenas. They also advised that “an
administrative proceeding” had been opened in order to identify the heirs of Rainer Ibsen
Cárdenas and José Luis Peña, which delayed “the payment of the compensation for more
than eighteen months.” In addition they indicated that, during this procedure, “information
was requested from the National Civil Registry Service on birth, marriage or other
certificates with the names Rainer Ibsen Cárdenas and José Luis Ibsen Peña,” which
constituted “re-victimization” for the members of the Ibsen family. Lastly, the
representatives affirmed that the publications made by the State in the newspapers, “La
Razón” and “El Deber,” inviting anyone who was “related by blood and/or by marriage” to
Rainer Ibsen Cárdenas to come forward to the Ministry of Foreign Affairs, represented an
imminent risk for the victims, because they could have been subjected to abuse.
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