27
72.
That regarding the exchange rate of the dollar that shall be taken into
consideration for the payment of the compensations ordered, this Tribunal observes
that paragraph 290 of the Judgment states that it was the one in force in the plaza of
New York, United States of America, the day before the date on which payment is
made.
73.
That the Court already observed that the State incurred in arrears, reason for
which, according to the aforementioned criteria, in any case the exchange rate that
should be used to make the payments is the one in force the day before the date on
which the State actually made the payment (Supra Considering Clause 67). Thus, the
State shall make the respective calculations and, in its case, pay the corresponding
difference.
d)
Modalities for the delivery of payments
74.
That the State expressed that payment of the compensations should be carried
out according to that stipulated in the Judgment in its paragraph 288, this is, directly
to the beneficiaries, and that the Ministry of Internal Affairs and Justice understood in
good faith that payment should be made in that manner. Likewise, it added that since
on December 28, 2007 no request had been filed by the beneficiaries or by the
representatives regarding the form of payment, the same was made through the
Banco Agrario.
75.
That on their part, the representatives indicated that Order No. 825 established
that payment would be made directly to the beneficiaries, despite the fact that the
next of kin of the victims expressed their will to be represented by the Colombian
Commission of Jurists, including for the effects of compliance with the Judgment. The
reasons for this, as argued by the representatives, are related to the places where they
reside, which would make the payment difficult since there are no branches of the
bank where the deposit was made or simply that the displacements in the area may
imply a risk within the framework of the armed conflict. The representatives also
mentioned that said order imposed the obligation on the people benefited to prove
their condition of victim, in contrast to that expressed by the Judgment of
interpretation issued by the Court (supra Having Seen paragraph 2). In that sense the
compliance with the obligations stated in the Judgment of the Court were delayed in an
unjustified manner. The representatives are demanding that this Tribunal order the
State to respect the mandate granted by the beneficiaries of the compensations to the
Colombian Commission of Jurists to receive and claim the comprehensive payment of
the amounts set in the Judgment. During the hearing, the representatives indicated
that the State had tried to prove it had acted in good faith and that it strictly complied
with the rules of the domestic law, besides having applied a settlement adjustment to
the government measure. They reiterated that it simply omitted, in a deliberate
manner, the representation of the next of kin of the victims they have been carrying
out and that “the State paid in installments the compensation and thus, it has not paid
it.” Even though the State expressed that when the beneficiaries presented themselves
at the Banco Agrario with their identification, they may withdraw their compensatory
payment, this is not true, since there were cases in which the money was not given to
them, and sometimes even when the Ministry of Internal Affairs and Justice orders the
payment, the local Bank may decide to not make the payment. In this same sense,
they expressed that payment was prevented on one opportunity based on order 2374,
since the birth certificates of two victims were being demanded even though those
documents had already been presented in the proceedings before the Court.
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