7
10.
That, according to the information forwarded by the representatives (supra
Having seen paragraph 21), four members of the family of Julio Pastor Ceballos did
not attend the two meetings convened to make the payment, so that the “amount
corresponding to each person who did not attend was deposited in a bank account
where it will remain available until those persons communicate with the bank.” Also,
the representatives indicated that the State had “had made an effort to convene the
beneficiaries to two meetings to make the payment. Notice of the meetings had been
published in different regional newspapers and in a newspaper with national
circulation, as well as being broadcast by radio.”
11.
That, pursuant to the case law and consistent practice of the Court, if, for
reasons that can be attributed to the beneficiaries of the compensation, they are
unable to receive it within the time indicated by the Court, the State shall deposit
such amounts in favor of the beneficiaries in an account or deposit certificate in a
solvent Venezuelan financial institution, under the most favorable financial conditions
permitted by law and banking practice. If, after ten years, the compensation has not
been claimed, the amounts shall be returned to the State with the interest accrued.
12.
That the representatives indicated that four beneficiaries of the judgment on
reparations in this case had died in the time between the payment of the
compensation and the payment of the interest on arrears, so that this payment was
made to their heirs.
13.
That, pursuant to the case law and consistent practice of the Court, the
amount corresponding to the beneficiaries of compensation who die before it is
delivered to them shall be shared out in accordance with domestic law.4
14.
That, with regard to the obligation to investigate and punish the persons
responsible for the human rights violations committed in this case, the
representatives and the Commission have considered that the State has not
complied with conducting a satisfactory investigation, because it has not shown that
any real progress has been made in this regard. The representatives indicated that
the case was closed judicially owing to the confirmation of the judgment of the Court
Martial by a ruling of the Criminal Chamber of the Supreme Court of Justice of
October 20, 1998. The State advised that the Attorney General’s Office had
commissioned the Forty-ninth Prosecutor “to hear [the case] ] together with the
Prosecutor from the Attorney General’s Office for the Transitory Procedural Regime
of the state of Táchira,” […] in order to uncover new elements of significance for the
case.
15.
The Court finds that, from the information provided, there is no evidence that
the State has made any significant progress in complying with the obligation to
investigate and punish those responsible.
4
Cf. Case of Baldeón García. Judgment of April 6, 2006. Series C No. 147, para. 211; the case of
Acevedo et al. Judgment of February 7, 2006. Series C No. 144, para. 305, and López Álvarez v.
Honduras. Judgment of February 1, 2006. Series C No. 141, para. 203.
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