reparations.740 They concluded that, if this law were to be applied to this case, the right of
access to justice and equality of the victims would be violated.
465. Based on the principle of subsidiarity, the State asked the Court to abstain from ordering
any reparation because the presumed victims had not requested reparations before the
contentious-administrative jurisdiction, which was the competent jurisdiction, and that, in the
case of Colombia, this is seated in the Council of State, an entity that has been characterized by
its rulings on the issue and for ordering measures of integral reparation. Nevertheless, it asked
that, if the Court should order compensation, it take into account the payments made to the
presumed victims under the provisions at the domestic level for providing attention and
reparation to the displaced populations.
D.1.1. Pecuniary damages
466. Regarding pecuniary damage, the representatives requested: (a) payment to each family
of US$1,244,633 (one million two hundred and forty-four thousand six hundred and thirty three
United States dollars), which includes the concepts of consequential damage741 and loss of
earnings;742 (b) payment to the family of Marino López of US$4,680,296 (four million six
hundred and eighty thousand two hundred and ninety-six United States dollars),743 and (c) that
740
According to article 60 of the Victims and Land Restitution Law, the offer to the displaced population is
currently in effect, and provided that it is priority, prevalent and responds to their specific vulnerabilities, it has a
reparatory effect.
741
The representatives indicated that the consequential damages for each family were US$372,854 (three
hundred and seventy-two thousand eight hundred and fifty-four United States dollars) and that this is composed of two
items: (a) property for a total value of 12,348,000 (twelve million three hundred and forty-eight thousand Colombian
pesos; they did not indicate the value in United States dollars), which includes the home, the place where the tools
were kept, produce, and boats; (b) movable assets for a total of 480,972,101 (four hundred and eighty million nine
hundred and seventy-two thousand one hundred and one Colombian pesos; they did not indicate the value in United
States dollars). This total was obtained as follows: 1,416,293 (one million four hundred and sixteen thousand two
hundred and ninety-three Colombian pesos) for tools; 36,153,700 (thirty-six million, one hundred and fifty-three
thousand seven hundred Colombian pesos) for animals, 404,529,123 (four hundred and four million, five hundred and
twenty-nine thousand one hundred and twenty-three Colombian pesos) for agricultural products, and 38,872,985
(thirty-eight million eight hundred and seventy-two thousand nine hundred and eighty-five Colombian pesos) for
household goods abandoned owing to the displacement. In addition, they referred to community property for a total of
US$33,009 (thirty-three thousand and nine United States dollars).
742
The representatives indicated that the loss of earnings was calculated for each family during the years that
they were displaced (1998-2000); to this end, the value of animals and produce was added up and 30% was subtracted
for family consumption, which gave a total of US$871,779 (eight hundred and seventy-one thousand seven hundred
and seventy-nine United States dollars) based on the following figures: (a) 1998: 494,909,448 (four hundred and
ninety-four million nine hundred and nine thousand four hundred and forty-eight Colombian pesos), (b) 1999:
539,125,820 (five hundred and thirty-nine million one hundred and twenty-five thousand eight hundred and twenty
Colombian pesos), and (c) 2000: 502,067,080 (five hundred and two million sixty-seven thousand and eighty
Colombian pesos).
743
For the family of Marino López, the representatives included the value of previous pecuniary damage increased
by loss of earnings (as under the previous heading) for the years 2001 to 2011 (with the respective increases of the
CPI), taking into account that they stayed in Turbo and never returned. The details of the amounts for those years are:
2001: 548,678,121 (five hundred and forty-eight million six hundred and seventy-eight thousand one hundred and
twenty-one Colombian pesos); 2002: 552,599,373 (five hundred and fifty-two million five hundred and ninety-nine
thousand three hundred and seventy-three Colombian pesos); 2003: 555,570,018 (five hundred and fifty-five million
five hundred and seventy thousand and eighteen Colombian pesos); 2004: 561,451,895 (five hundred and sixty-one
million four hundred and fifty-one thousand eight hundred and ninety-five Colombian pesos); 2005: 565,313,886 (five
hundred and sixty-five million three hundred and thirteen thousand eight hundred and eighty-six Colombian pesos);
2006: 567,512,010 (five hundred and sixty-seven million five hundred and twelve thousand and ten Colombian pesos);
2007: 560,323,049 (five hundred and sixty million three hundred and twenty-three thousand and forty-nine Colombian
pesos); 2008: 548,559,295 (five hundred and forty-eight million five hundred and fifty-nine thousand two hundred and
ninety-five Colombian pesos); 2009: 582,246,410 (five hundred and eighty-two million two hundred and forty-six
thousand, four hundred and ten Colombian pesos); 2010: 575,295,100 (five hundred and seventy-five million two
hundred and ninety-five thousand one hundred Colombian pesos); 2011: 594,128,990 (five hundred and ninety-four
million one hundred and twenty-eight thousand nine hundred and ninety Colombian pesos).
145
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