72
c)
if a victim did not have any children, or spouse or permanent companion, fifty
percent (50%) of the compensation award shall pass to the victim's parents equally.
If one of the parents is dead, his or her share will pass to the other parent. The
remaining fifty percent (50%) shall be distributed equally among the victim's
siblings; and
d)
in the absence of any relatives in any of the categories defined in the sections
above, any amounts to which they would have been entitled shall be distributed to
the rest in proportion to their entitlements.
238. As for the victims’ next of kin entitled to the compensation set forth herein who have
died or die before collecting their compensation, it must be delivered to the successor in
conformity with the applicable internal law.
B)
COMPENSATION
239. The Court will now determine the appropriateness of granting monetary reparations
and the appropriate amounts to be awarded in this case. To this end it will take into account
that the State has awarded compensation at the domestic level in administrative
proceedings239 and in court-approved settlement agreements,240 as well as the fact that
under the partial agreement on reparations the State agreed to pay compensation.241
240. The Court approves the abovementioned partial agreement on reparations as to the
compensation awards contained in it, for they constitute a means of adequately repairing
the consequences of the violations established in this Judgment, are in line with this Court’s
jurisprudence, and represent a step forward by Colombia towards complying with the
obligation to make reparations in accordance with Article 63(1) of the Convention. This
Court understands that the twenty siblings of the victims in whose favor the compensation
is awarded have received monetary reparations as victims of the violations of the
Convention established in this Judgment. Therefore, the Court establishes that the State
must make the payments of the agreed upon Compensation, in the manner established in
the agreement, within one year. The twenty siblings of the victims will be able to collect the
amounts as successors to the deceased victims.
239
The State granted an indemnity for “moral damages”, “lost earnings” and “future earnings” to the next of
kin of eleven of the twelve deceased victims and to the surviving victim Arturo Salgado Garzón. The State did not
order an indemnity for lost earnings with regard to all of the victims. The orders that granted the dispersal of such
payments were issued in 1996 and 1997 by the Ministries of Justice and Defense. The next of kin of the deceased
victim Arnulfo Mejía Duarte did not participate in the contentious administrative process.
240
Agreed to by the “the Nation – Ministry of Interior and Justice – Ministry of National Defense” and two of
the surviving victims and their next of kin in April 2006 and judicially approved by the Contentious Administrative
Court of Santander on September 8, 2006 (record of supervening evidence provided by the State, November 8,
2006, pages 6807 to 6827).
241
The State provided an indemnity for “reasons of injury” in favor of 20 siblings of 4 of the deceased victims
(Mariela Morales Caro, Carlos Fernando Castillo Zapata, Luis Orlando Hernández Muñoz and Arnulfo Mejía Duarte).
This Court understands that the agreed to indemnities take into account as much material injury as immaterial
injury caused to said families. At the same time, this agreement manifests that those 20 families “waive their claim
made before the Inter-American Court in relation to the indemnification for injury”, but “do not waive the related
topic of the eventual possibility that they could be awarded an indemnity in their favor as successors of the direct
victims.”
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