12
40.
That, as regards to payment of the third installment on account of costs and
expenses, the State has indicated that such payment has been effected (supra
Considering clause No. 21) and the Court has so verified based on record No. 38, of
January 18, 2008, and the relevant document evidencing payment. Accordingly, the
Court concludes that the State has fully discharged its obligation to make payment of
costs and expenses to the representatives as provided for in the twelfth operative
paragraph of the Judgment.
41.
That, considering the information submitted by the parties, it is the Court’s view
that the State has complied with its obligation to pay the third installment of the
compensations set in the Judgment for the benefit of 270 victims or their next of kin, on
account of both pecuniary and non-pecuniary damage, as detailed in the attached table.
In this regard, the Court finds that, upon receiving such payment, most of the victims or
their next of kin were settled the full amount of compensation due them for pecuniary
and non-pecuniary damage.
42.
That, notwithstanding the foregoing, as established in Considering clauses Nos.
22 to 27 and 33 to 39 of this Order, and as illustrated by the attached table, certain
victims or next of kin are yet to be paid a portion or the full amount of the
compensation set in the Judgment on account of pecuniary and non-pecuniary damage;
accordingly, the State has partially complied with its obligations under the tenth,
eleventh, thirteenth, fourteenth and fifteenth operative paragraphs of the Judgment
(supra Having Seen clause No. 1). Therefore, it is necessary for the State and the
representatives to provide updated information in order that compliance status can be
assessed in connection with said operative paragraphs of the Judgment.
*
*
*
43.
That, as regards to the seventh, eighth and ninth operative paragraphs of the
Judgment, the State has indicated that it “[…] will continue to provide information […]
on the steps taken with a view to complying with the obligations mentioned […]” in said
operative paragraphs (supra Having Seen clause No. 3).
44.
That, as regards to the provision of medical and psychological services and the
supply of medications required under the seventh operative paragraph of the Judgment,
the representatives noted that the health-care center has yet to be built, and that the
physical and psychological health care that is being provided fails to take into
consideration “[…] the particularities of the target group, [such as] culture, idiosyncrasy
and the suffering sustained as a result of the violence endured during the domestic
armed conflict.” Furthermore, such circumstances have become an obstacle that
prevents any progress in complying with this operative paragraph (supra Having Seen
clause No. 4).
45.
That, as regards to these operative paragraphs, the Commission noted that it did
not have information regarding the obligations to provide housing and the development
and implementation of programs under the ninth operative paragraph of the Judgment;
accordingly, it finds it essential for the State to report on compliance with all measures
of reparation ordered by the Court (supra Having Seen clause No. 5).