11
hand, in the hypothetical situation of the previous paragraph (supra para. 33), the
person who was the wife or common-law spouse of the victim at the time of his
death or disappearance must prove that fact according to the applicable domestic
legal provisions.
35.
Pursuant to the above, the Court has established the meaning and scope of
the provisions of paragraph 240 subparagraph a) of the Judgment.
VII
HOUSING PROGRAM
Pleadings of the State
36.
The State requested an interpretation regarding the scope of the form of
reparation set forth in paragraphs 275 and 276 of the Judgment. Deeming that “the
proven fact on which the reparation is based is extremely general [to know] for
certain whether or not the parameters expected by the Court are being fulfilled,” the
State asked the following specific questions:
1.
2.
3.
4.
5.
The Judgment lists in Appendix I [sic] the group of beneficiaries regarding to
each victim. Can the State infer that each family group would receive one
house?
What is the deadline for these persons to make their claim before the State?
What evidence must be supplied to be a beneficiary of this measure of
reparation?
What is the deadline for the State to comply with the obligation, once the right
to benefit from the housing program has been proven?
Under the domestic legal order, an individual cannot benefit twice from
government housing programs. If one of the beneficiaries (in accordance with
the reply to question number 1) has benefited from a government housing
program, can it be understood that the obligation established in the Judgment
has been fulfilled?
Pleadings of the Commission
37.
Regarding to the request by the State regarding implementation of the
housing program, the Inter-American Commission stated, inter alia, that:
a)
b)
c)
the effet utile of said measure of satisfaction is related to the
reparation for losses and to creating the conditions required to return
to Pueblo Bello. The Commission deemed that any implementation of
the program designed must bear in mind the objectives stated by the
Court;
regarding to the deadline, as the Court stated in paragraph 287, the
Commission deemed that the State must comply with said obligation
within a “reasonable term.” “The above does not mean that this
obligation will not be subject to constant scrutiny by the Court, during
the period in which it is pending.” In this regard, the Commission
deemed that “there should be an initial assessment of compliance with
these obligations when the State submits its [first] report on
compliance, one year after notification of the Judgment”;
regarding to the evidence that must be supplied to be a beneficiary of
this reparation measure, the Commission deemed that “the text of the
Judgment is clear and it constitutes a suitable instrument for direct
implementation of the obligations established by the Court. In this
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