7
27.
Note CDH-10,319/709 of April 7, 2000, in which the Secretariat, on the
instruction of the President, requested the State to provide information on several
components of the judgments on merits and reparations delivered by the Court that
were pending compliance. Among these, it mentioned the payment owing to the
minors, Andrés Caballero Parra and Ingrid Carolina Caballero Martínez; the payment
owing to the next of kin of María del Carmen Santana; finding the remains of the
victims and delivering them to their next of kin, and the judicial proceedings on the
disappearance and alleged death of the victims in the case, as well as the
punishment of those responsible.
28.
The report of the State of May 15, 2000, and its attachments, in which it
indicated that it had invested in TDCs “in favor of the minors[,… although] they were
in the name of the Ministry of Defense, in view of the irrevocable assignment to the
Ministry by FIDUBANCOOP” and because the United States banking laws prohibited
the establishment of TDCs in the name of minors under 18 years of age. It also
reported that, in relation to the compensation for the next of kin of Ms. Santana, it
had also established a TDC in the name of the Ministry of Defense, until the closest
next of kin were determined under domestic legislation. With regard to finding the
remains of the victims, the State indicated that “a total of four exhumation
procedures ha[d] been conducted to search for the bodies [...], and they [...] ha[d]
not been successful.” Lastly, Colombia stated that “it [was] continuing to make
efforts to identify and punish those responsible for the disappearance of Isidro
Caballero and María del Carmen Santana.”
29.
The brief of June 16, 2000, and its attachments, in which the Commission
presented its comments on the State’s report (supra twenty-eighth having seen
paragraph). In this respect, it indicated that the TDCs had not been established in
the name of the minors or their representatives, but in the name of the Ministry of
Defense, although the State had not justified its decision not to establish them in the
name of the representatives of the minors. It also indicated that, in September
1999, the representatives had provided evidence of the existence of María del
Carmen Santana and her next of kin, but, even though they had obtained
authoritative documents that, according to domestic legislation, were appropriate
evidence to show the existence of a person, the Office of the Attorney General had
ordered measures designed to find the persons who had already been identified.
The Commission indicated that the State had not adopted measures to recover the
remains of the victims since 1995. Regarding the investigation of the facts, the
Commission stated that on September 10, 1998, the closure of the investigation had
been revoked in order to again question the persons linked to the homicide, but that
20 months later, it had not received information on the extension to the
investigation. It also indicated that the State had not provided adequate information
on the termination of the proceeding against Major General Alfonso Vacca Perilla.
The attachment to the said brief contained recommendations made by the Technical
Investigations Unit to “locate the site where the victims [were] buried.”
30.
The brief of the State of June 29, 2000, in which it requested the Court to
authorize the establishment of a TDC instead of a trust fund in favor of the next of
kin of María del Carmen Santana, since the country’s financial institutions were not
interested in establishing the trust fund “because the amount of the investment
would not be cost-effective.”
31.
The brief of August 1, 2000, and its attachment, in which the Commission
presented its comments on the State’s report of June 29, 2000 (supra thirtieth
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