addition to the fact that they were not individualized by the Commission or by the
representatives during the proceedings.
41.
The victims of forced displacement and their next of kin, both those who were
declared as such in the Judgment and those who were not identified during the proceedings,
or declared victims or injured party, could effectively be beneficiaries of other measures that
it would correspond to the State to adopt at the domestic level, within the framework of its
own laws and institutions, in favor of displaced persons (as indicated in paragraph 266).
According to paragraph 338 of the Judgment, the decisions taken in the Judgment do not
preclude the possibility for such victims filing “any actions [that might be pertinent] at the
domestic level” in relation to these events and to their situation of displacement.
42.
Nevertheless, it is not for this Court to determine the applicable or relevant domestic
provisions, or to indicate which persons are entitled to have recourse to them. Paragraph
338 merely established that, should these persons have a right to file some type of action at
the domestic level to obtain compensation or a benefit, the Judgment can in no way
constitute an obstacle for such proceedings to be used effectively. Therefore, the request for
interpretation is also inadmissible as regards this question.
D. Fifth question: “Does the Judgment enable the next of kin of Luis Enrique
Parada Ropero – who have not received compensation – to have recourse to the
mechanism under Law 288 of 1996 or the mechanism that the Court refers to in
paragraph 337 of its Judgment?
Arguments of the representatives and observations of the State
43.
The representatives indicated that the Court had been able to corroborate that the
relatives of 16 of the 17 victims who were killed had received compensation at the domestic
level, but that doubt subsists regarding the next of kin of Luis Enrique Parada Ropero
(victim 6 – Annex I), to whom the Court referred tacitly in paragraph 338, indicating that it
did not preclude any actions that could be filed at the domestic level. The representatives
pointed out that the action for direct reparation established in the domestic sphere in the
Contentious-Administrative Code expires after two years, and therefore asked the Court to
clarify whether the Judgment would authorize the next of kin of Luis Enrique Parada Ropero
– who have not received compensation – to have recourse to the mechanism under Law 288
of 1996 or the mechanism that the Court refers to in paragraph 337 of its Judgment.
44.
The Commission did not present specific observations on this point.
45.
The State indicated that the next of kin of Luis Enrique Parada Ropero were not
included in the Commission’s report under Article 50, even though it acknowledged that the
“representatives’ mandate” had been accredited. Similarly, it reiterated its arguments
regarding the universe of victims that would be included under the mechanism of paragraph
337, indicating, in particular, that this cannot be extended to those who are not included in
the group contemplated by the Court in the text of its decision, so that a different
assessment would blatantly contravene the provisions of Article 67 of the Convention.
Second, regarding the possibility of access to the mechanism of Law 288 of 1996, the State
indicated that “[t]he members of the groups in question do not comply with the
requirements established in this law, because they were not individualized in the report
under Article 50. Therefore, no decision of the Inter-American Commission on Human Rights
exists in their regard that would authorize them to have recourse to this mechanism.”
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