6
Commission of the National Congress awaiting issuance of a report thereon and subsequent
approval”.
30.
That the representatives indicated that the draft bill to amend the Criminal Code is
currently in Congress until October 19, 2007, and has not yet been approved.
31.
That the Commission explained that it “acknowledges the efforts made by the State”,
but warned that despite the time elapsed from submission of the draft, “no material
progress has been made regarding proceedings related thereon”.
32.
That the Court finds that certain procedures have been performed to comply with
this point; however, this aspect is still pending compliance. Therefore, it is necessary to
request the State to provide more information.
*
*
*
33.
That as regards payment of the compensations set forth for pecuniary and nonpecuniary damage, and the reimbursement of costs and expenses (Operative Paragraphs
No. 13, 14 and 15 of the Judgment), the State reported that it made payments to the
benefit of Mrs. Victoria Margarita Palomino-Buitrón, María Dolores Gómez-Palomino,
Margarita Palomino-Buitrón, Mónica Palomino-Buitrón and Rosa Palomino-Buitrón, and Mr.
Emiliano Palomino-Buitrón. It added that the deposit of the funds ordered in favor of the
child Ana María Palomino-Guevara is still pending.
34.
That the representatives reproduced the information provided by the State.
35.
That the Commission held that the payments referred to by the State “seem to
correspond to the amount set forth by the Court as non-pecuniary damage. Furthermore, in
the case of Mrs. Victoria Margarita Palomino-Buitrón there is no further information as to
the items to which the amount paid correspond”.
36.
That in view of the request made by the President (supra Having Seen clause No. 7),
the State sent a communication to the General Administration Office of the Ministry of
Justice5 indicating that payment of US$ 138,000.00 (one hundred thirty-eight thousand
United States dollars) was ordered as of December 30, 2005, to the benefit of Mrs. Victoria
Margarita Palomino-Buitrón; US$38,000.00 (thirty-eight thousand United States dollars) to
Mrs. María Dolores Gómez-Palomino and Luzmila Sotelo-Palomino, each; US$30,000.00
(thirty thousand United States dollars) to Mr. Emiliano Palomino-Buitrón, Mónica PalominoBuitrón, Margarita Palomino-Buitrón and Rosa Palomino-Buitrón, and US$10,000.00 (ten
thousand United States dollars) to Mrs. Esmila Liliana Conislla-Cárdenas. The amount of
US$30,000.00 (thirty thousand United States dollars) corresponding to Mrs. Mercedes
Palomino-Buitrón was paid off to her mother.
37.
That the Commission indicated that “there is no sufficiently legible and detailed
information to submit observations" on this point.
38.
That the representatives did not file observations.
39.
That based on the evidence provided, the Court considers that the State has partially
complied with the orders contained in this Operative Paragraph of the Judgment, and the
State should report on the procedures performed to pay off any pending amounts.
*
*
5
*
Communication No.2367-2005-JUS/OGA of December 30, 2005, signed by the Director of the General
Administration Office of the Ministry of Justice (dossier of supervision of compliance, Volume I, folio 244).