6
b)
the name of Carmen Alfonso Melo, sister of Carlos Antonio Melo Uribe
and Mario Melo Palacio, who allegedly appears in said appendix as
Alfonso Melo Palacio, as their brother.
Pleadings of the State
19.
Regarding to the pleadings of the representatives regarding the individuals
who were supposedly not included as beneficiaries in the Judgment, the State asked
the Court to find the representatives’ brief out or order, “as it is actually an appeal of
the ruling issued” by the Court. In this regard, they stated, inter alia, that:
a)
the representatives seek, under the form of a request for
interpretation, to expand the content and scope of the ruling, “when
there is no doubt regarding the meaning and scope” of the Judgment
issued by the Court;
b)
there is no supervening situation or substantive error that merits
modifying the Judgment;
the Court directly established the criteria regarding who should be
considered the “injured party” in paragraphs 234 and 235 of the
Judgment;
according to the Rules of Procedure of the Court and pursuant to its
jurisprudence, both the Commission and the representatives had the
procedural opportunity in the application and in the brief with requests
and motions, respectively, to individually identify the next of kin and
to provide all the evidence regarding their kinship with the victims.
Nevertheless, given that the matter involved the next of kin of victims,
in a manner consistent with its practice and to safeguard equality
among the parties, the Court asked the representatives for the
evidence that it deemed was lacking to establish who were next of kin
or victims;
the representatives had their procedural opportunity to refer to the
issue of the beneficiaries and nevertheless they did not. Therefore
they cannot, by means of a request for interpretation, which is
exceptional in nature, once again argue regarding facts or rights that
they should have proven at the appropriate procedural times;
the representatives did not duly prove the kinship ties between the
relative and the respective direct victim, for which reason several
relatives were excluded from Appendix II of the Judgment. In this
regard, the State did not deem that there was any error; instead,
having examined the documents provided and assessed it according to
the rules of competent analysis, the Court did not find sufficient
evidence to include these individuals as injured parties;
the Court, safeguarding the rights of the victims and finding that some
of the documents supplied were not suitable to prove the kinship tie,
and to avoid their being left unprotected, established a mechanism to
solve this situation, which was to give the possible next of kin of
victims the opportunity of going before the competent Colombian
authorities to claim the compensation, insofar as they duly
demonstrate said kinship, according to the provisions of paragraph
237 of the Judgment, and
therefore, the ruling was undoubtedly precise regarding establishment
of the injured party, fully identified in said Judgment, and regarding
c)
d)
e)
f)
g)
h)
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos