-12that “the criteria for the distribution of the compensation indicated in paragraph 230 of th[e]
judgment shall apply.
17.
That, consequently, the distribution criteria established in the said paragraph 231
should be applied, both to determine what to do with the amount that Jorge Enrique would
have received when the said 50% was shared between the 11 siblings, and for distribution
of the compensation that the Court ordered in favor of Jorge Enrique for his own nonpecuniary damage. To this end, it is necessary to determine whether Jorge Enrique had any
children, spouse or permanent companion, and whether his parents are still alive, in order
to proceed to distribute these amounts according to the provisions of subparagraphs (a),
(b), (c) and (e) of paragraph 230 of the judgment; and only if Jorge Enrique had neither
children nor spouse or permanent companion, would paragraph 230(d) of the judgment be
applicable; this stipulates that the compensation shall be shared among the parents and
siblings.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance with
Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human Rights,
25(1) and 30 of its Statute, and 29(2) of its Rules of Procedure,
DECLARES:
1.
That, pursuant to the ninth considering paragraph of this Order, the State has paid
90% of the amounts established in the judgment as reparations for the loss of earnings of
each of the 19 victims, expenses incurred by the next of kin of eleven victims, and
compensation for non-pecuniary damages (twelfth to fifteenth operative paragraphs of the
judgment and paragraphs 230, 231, 233, 234, 235, 240, 241, 242, 243, 248, 249, 250, 251
and 252 of the judgment); hence payment of the remaining 10% of the compensation
remains pending, as ordered.
2.
That the Court will maintain open the procedure of monitoring compliance with the
aspects that remain pending in this case, which are:
(a)
That, within a reasonable time, the State investigate effectively the facts of
this case, in order to identify, prosecute and punish all the masterminds and
perpetrators of the violations committed against the 19 tradesmen, for the criminal
and any other effects that may arise from the investigation into the facts, and the
result of this measure shall be disseminated publicly (fifth operative paragraph and
paragraphs 256 to 263 of the judgment);
(b)
That, within a reasonable time, it conduct a genuine search during which it
makes every possible effort to determine with certainty what happened to the
remains of the victims and, if possible, return them to their next of kin (sixth
operative paragraph and paragraphs 270 and 271 of the judgment);
(c)
That it erect a monument in memory of the victims and, in a public
ceremony in the presence of the next of kin of the victims, place a plaque with the
names of the 19 tradesmen (seventh operative paragraph and paragraph 273 of the
judgment);