Guatemala and, given the amount in question, they could have difficulty bringing the
money into Costa Rica; therefore they proposed that the payment be made via bank
transfer. To this end and in accordance with the State’s requirements, on May 30,
2011, CEJIL sent a draft settlement agreement to COPREDEH and is waiting for the
payment to be made.”
56.
The Commission assessed positively the information submitted by the parties
and awaited specific data regarding the beneficiaries of the reparations.
57.
Based on the above, the Court assesses positively the efforts made by the
State to pay the compensation for non-pecuniary damage to 121 beneficiaries, 6
regarding whom the State submitted the respective proof of payment.7 In addition,
this Court notes that, from the information provided by the parties, seven people have
not collected the payment of the compensation, five people have not contacted
COPREDEH to receive the corresponding payment, and 22 beneficiaries are deceased;
in other words, 34 beneficiaries have not received the compensation payment. In this
regard, the Court considers that the State and the representatives should coordinate
the necessary measures to locate the people who have not received payment yet and,
in the case of the deceased victims, the representatives should provide advice or
initiate the appropriate legal measures or procedures so that their next of kin can
receive the corresponding compensation. Furthermore, the State submitted the
required information on the payment made to each victim, and the respective
documentation, which was forwarded to the representatives and the Commission. At
the date of this order, the Court is awaiting the observations of the Commission in this
regard.
58.
Notwithstanding the foregoing, this Court has verified that the State has made
the payment of compensation for non-pecuniary damage to 121 beneficiaries, and the
payment of costs and expenses to FAMDEGUA; hence, it considers that the eighteenth
operative paragraph has been complied with partially. Consequently, the Court finds it
pertinent that the State continue to report on the measures taken and their results in
relation to the 34 victims who have yet to receive payment, either because they have
not contacted the State officials or because they are deceased.
59.
Furthermore, regarding payment of the reimbursement of costs and expenses
to CEJIL, the Court takes into account the observations of the State and the
representatives, and awaits pertinent information concerning the payment.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
6
In this regard, it is worth emphasizing that the representatives confirmed the payment of
compensation to 120 beneficiaries, regarding whom the State presented the corresponding proofs of
payment. However, in the communication of July 4, 2011, the State included another beneficiary who had
received the payment, and forwarded a copy of the corresponding cheque and proof of payment, but the
representatives did not include the name of this person in the communication of July 4, 2011. Given that
the Court has verified payment of the corresponding compensation to this beneficiary from the respective
proofs of payment, the Court determines that the State has compensated 121 beneficiaries.
7
This Court notes that, with regard to the compensation payment for one of the victims, the stub of
check No. 00000141 indicates a different amount to that indicated in proof of payment No. 28 and check
No. 00000141. However, this Court understands that this person was paid the amount indicated in the last
two documents mentioned.
16