by law and banking practice. If, after 10 years the sum allocated has not been claimed, the
amounts must be returned to the State with the interest accrued.
348. The amounts allocated by the State, as established (supra para. 337), must be delivered to
the victims in full and may not be affected or conditioned by current or future taxes or charges.
349. If the State should incur in arrears, it must pay interest on the amount owed, corresponding
to banking interest on arrears in Colombia.
IX
OPERATIVE PARAGRAPHS
350. Therefore,
THE COURT
DECIDES,
unanimously, that:
1.
To reject the two preliminary objections filed by the State, regarding the Court’s alleged
lack of competence ratione materiae and the alleged failure to exhaust domestic remedies, in the
terms of paragraphs 21 to 26 and 33 to 39 of this Judgment.
2.
To determine that the act of the State entitled “acknowledgement of responsibility” for the
alleged violation of Articles 8 and 25 of the American Convention on Human Rights does not have
legal effects, in the terms of paragraphs 141 to 153 of this Judgment.
DECLARES,
unanimously, that:
1.
The State is responsible for the violation of the right to life, recognized in Article 4(1) of the
American Convention on Human Rights, in relation to Article 1(1) of this instrument, to the
detriment of those who died in the events of December 13, 1998, in Santo Domingo, and in
relation to Article 19 thereof with regard to the child victims who died, all of them identified in
Annex 1, as established in paragraphs 187 to 284 of this Judgment.
2.
The State is responsible for the violation of the right to personal integrity, recognized in
Article 5(1) of the American Convention on Human Rights, in relation to Article 1(1) of this
instrument, to the detriment of the persons who were injured in the events of December 13, 1998,
in Santo Domingo, and in relation to Article 19 thereof with regard to the child victims, all of them
identified in Annex II, as established in paragraphs 187 to 241 of this Judgment.
3.
The State is responsible for the violation of the right to personal integrity recognized in
Article 5(1) of the American Convention on Human Rights, in relation to Article 1(1) of this
instrument, to the detriment of the next of kin of the victims of the events that occurred in Santo
Domingo on December 13, 1998, as established in paragraphs 242 to 244 of this Judgment.
4.
The State is responsible for the violation of the right to property, recognized in Article 21 of
the American Convention on Human Rights, in relation to Article 1(1) thereof, to the detriment of
de Mario Galvis, Víctor Palomino, Margarita Tilano, María Cenobia Panqueva and Olimpo Cárdenas,
as established in paragraphs 269 to 282 hereof.
5.
The State is responsible for the violation of the right to freedom of movement and
residence, recognized in Article 22 of the American Convention on Human Rights, in relation to
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