of transparency and access to information in a democratic society, in relation to military
doctrine, but the Court holds that at this time the information provided does not allow
it to reach a more specific decision about the manuals and regulations in question, or
the need to disclose or publish current military doctrine. Nonetheless, the Court deems
it essential that any framework of transition to peace necessarily includes the
strengthening of democratic society. Therefore it must be possible for the State to
guarantee the right of Colombian society to have access, in a broad public dialogue, to
information of this kind, and to establish parameters and limits, so that the actions of
the Armed Forces and the definition of the means and methods of war are strictly in line
with International Humanitarian Law and International Human Rights Law. 232
234.
With regard to the other measures requested, this Court finds that there is no causal
link with the facts of the case, so it is not appropriate to order them. It also deems the measures
already ordered to be sufficient. Nonetheless, it will take into account the differentiated impact
suffered by Candelaria Vergara in determining compensatory damages.
G) Compensation
235. The Commission asked the Court to order the State to fully repair the human rights
violations declared in the Merits Report, in terms of both the material and moral harm suffered
by the victims.
236. The representatives asked the Court to set, in equity, a total sum of USD 30,750 for
consequential damage, to be distributed among the different relatives.
237. With regard to loss of earnings, the representatives were asked to calculate the amount of
basic severance pay (IBL), taking into account Pedro Julio Movilla’s monthly earnings at the time
when the events took place, the legally established minimum wage for the year 2020, and a life
expectancy of 74.1 years, according to Resolution No. 0110 of January 22, 2014, of the Financial
Superintendency of Colombia. However, they asked that, instead of pegging the amount to an
index, the Court take the minimum wage for the year 2020 into account (2020 was the year in
which the pleadings and motions brief was submitted). The sum in question was 877,803.00,
which, at the exchange rate provided up to the settlement date used by the representatives (1
USD=3,493.77 COP), equals USD 251.20. They asked that 25 per cent be added to this amount
for social benefits, 25 per cent deducted for personal expenses, and the years of financial
dependency of the beneficiaries determined, which they divided into four periods. This gave a
total of COP 317,627,341.00 which, at the suggested exchange rate, would be USD 90,912.00.
They asked that more than 60 per cent be given to the spouse, Candelaria Vergara, and the rest
divided among her children, Carlos Julio, José Antonio and Jenny Movilla Vergara.
238. The representatives also asked that non-pecuniary damages in the amount of USD
100,000.00 be awarded to Pedro Movilla as a victim of forced disappearance, assigning 50 per
cent to Candelaria Vergara as his spouse, and distributing the other 50 per cent in equal parts
among his children Carlos Julio, José Antonio and Jenny Movilla Vergara.
239. The representatives also asked for compensation for non-pecuniary damage for other
victims, based on the calculation of up to 300 times the minimum wage for serious human rights
violations, as stipulated in the case law of Colombia’s Council of State. They asked that an
amount be allocated to each of Mr. Movilla’s relatives who had been a victim, based on the
closeness of the relationship and the severity of the harm done to them. For the purposes of
compensation, they divided the relatives into the following three groups: the nuclear family of
232
Case of Isaza Uribe et al. v. Colombia, supra, para. 207.
60
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