25
with a sound Colombian financial institution, in United States Dollars, in the most
favorable financial terms possible under legislation and banking practice.”34 Therefore,
those persons who consider themselves to be heirs of compensation awarded to
deceased beneficiaries must comply with the proceedings and requirements stipulated
by the applicable domestic law so as to determine that they are the successors of the
deceased person. Moreover, the State has the obligation deposit the compensation so
that the successors may then claim such amounts and “[i]f the compensation is
unclaimed after ten years, the amounts plus interest accrued shall be returned to the
State.”35 The Court has verified that, according to the provisions of said resolutions of
the Interior and Justice Ministry, the State had complied with the obligation to deposit
the compensation for the successors of the persons “who had not presented a public
deed or judgment of a competent court indicating the division of the compensation
ordered by the Court.”
90.
Moreover, by means of a communication of August 5, 2010, Mrs. Luz Marina
Poveda León, widow of deceased victim Cesar Augusto Morales Cepeda, complained that
the State failed to pay her the amount of USD 2,000 (two thousand United States
dollars) pertaining to the family of said deceased victim as expenses (supra Having Seen
16). In that respect, the Court notes that in Resolution N° 3114 issued by the Interior
and Justice Ministry on October 28, 2008, it was ruled that an equivalent amount in
Colombian pesos be deposited “in a joint account according to Paragraph 309 of the
Judgment" because the victim’s next-of-kin “had not presented to [said] Ministry […] a
written communication designating a representative to receive the compensation for
legal costs and expenses.” Moreover, the Court recalls that, in Paragraph 305 of the
Judgment, the Court ordered that Colombia pay the amount of USD 2,000.00 (two
thousand United States dollars or its equivalent in Colombian tender) to each deceased
victim's family and to surviving victim Arturo Salgado Garzón, and in order to collect the
amounts “[t]he family units of the deceased victims should designate a person to
receive the abovementioned amounts.” In addition, in the Interpreting Judgment (supra
Having Seen 2), the Tribunal considered that if the family group does not appoint a
person to receive the payment for expenses or if the family group does not come to an
agreement on the matter, “it is admissible to proceed in accordance with the Judgment
on the form to comply with the compensation.”36 Hence, it falls upon the family group
of deceased victim Cesar Augusto Morales Cepeda to communicate to State authorities
the person appointed to receive the amount deposited by the State in said joint account
as reimbursement of expenses.
91.
By means of communication of June 9 and 12, 2008, Mr. Orlando Castillo Zapata,
brother of deceased victim Carlos Fernando Castillo Zapata, stated, inter alia, that on
June 7, 2008, the State paid him and his brothers the compensation agreed upon in the
partial agreement on reparations, but that the amount paid was lower than the amount
agreed upon. Neither the State nor the representatives referred to this allegation put
forward by Mr. Castillo Zapata. However, the Court has verified that in Resolution N°
2402 issued by the Interior and Justice Ministry on August 25, 2008, it was decided to
“repay the compensation for non-pecuniary damage” to Mr. Orlando Alonso Castillo
Zapata and the other brothers of deceased victim Carlos Fernando Castillo Zapata. After
the communication of June 2008 and the issuance of said resolution by the Interior and
34
35
Case of the Rochela Massacre V. Colombia, supra note 6, para. 309.
Case of the Rochela Massacre V. Colombia, supra note 6, para. 309.
See Case of the Rochela Massacre V. Colombia, supra note 6, para. 309; Case of the Rochela
Massacre V. Colombia. Interpretation of the Judgment on the Merits, Reparations and Legal Costs. Judgment
of January 28, 2008. Series C N°. 175, para. 33.
36
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos