10
situations and conditions that were already demonstrated before a
judicial body recognized by the State itself, such as the Court, unless
one of the beneficiaries of the compensations with a legitimate interest
challenges whether they lived together at the time of the facts, in
which case the State should require proof of said fact, by means of a
[...] contested and public procedure.”
Pleadings of the Commission
31.
Regarding to the pleadings of the State regarding distribution of the
compensations when there is a wife and a common-law spouse of the same victim,
the Commission deemed that said pleading “does not raise a doubt regarding the
scope of the Judgment, in whose paragraph 240(a) the Court clearly established that
the person entitled to the compensation ordered would be the wife or permanent
common-law spouse of the victim, at the time of deprivation of life or disappearance
of the victim.” Regarding to the second question by the State regarding this point,
the Commission deemed that “additional evidence cannot be required under
domestic venue of persons who have already been explicitly declared by the Court
[to be] victims or beneficiaries of the reparations ordered in the adjudicatory
proceeding [in] which they have proven their right.” Therefore, “the request for
interpretation in this section [...] is unnecessary and out of order.”
Considerations of the Court
32.
The Court notes that the questions of the State refer to a hypothetical
situation in which wives and common-law spouses of one or several of the 43
persons deprived of their lives or missing, not included in subparagraph a) of
paragraph 240 of the Judgment, claim reparation for pecuniary and non-pecuniary
damages regarding the persons deprived of their lives or missing. Said questions
also refer to whether in said hypothetical situation it is necessary to prove that they
lived with the victim at the time of his death or disappearance, for them to be
beneficiaries of the compensations, which according to the State is required under
the Colombian domestic legal system.
33.
Regarding to the first question by the State, in case other wives and
common-law spouses not included in the Judgment file claims before the national
authorities for pecuniary or non-pecuniary damages regarding to those 43 victims,
both would be beneficiaries when they prove said condition. In this situation, 50%
of the respective compensation must be distributed in equal parts between both
persons, in the same manner set forth in subparagraph a) of paragraph 240 of the
aforementioned Judgment.
34.
Regarding to the second query by the State, the Court notes that
establishment of the beneficiaries of the reparations, as part of the obligation to
make reparations, was already decided in the Judgment, based on the criteria set
forth therein and the evidence offered in the proceeding, in light of the provisions of
the American Convention and its underlying principles. In other words, said decision
cannot be modified by the State invoking its domestic legal provisions. In view of
this, the Court agrees with the reasoning of the representatives and of the
Commission, that it is not possible to require additional evidence, under domestic
venue, to established that persons whom the Court explicitly found to be victims or
beneficiaries of reparations are in fact victims or beneficiaries, as this would reopen
factual and legal matters that were already decided in the Judgment. On the other
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