145
51 Eliécer Martínez Vaca (victim)
52 Uriel Garzón (victim)
53 Ana Beiba Ramírez (victim)
54 Manuel Arévalo (victim)
55 Raúl Morales (victim)
B)
PECUNIARY DAMAGES
Pleadings of the Commission
262. The Commission asked the Court to set the amount of compensation for
consequential damages and lost earnings in fairness. In this regard, we must take
into account that as a consequence of the loss of their next of kin –who in most
cases were the financial mainstay of the family-, the displacement, the persecution
and the fear, the next of kin of the victims have suffered significant and decisive
pecuniary losses –the assets to which the consequential damages refer were never
recovered or, if they were, only precariously-, and they no longer received their
customary income, necessary for their subsistence.
263.
Pleadings of the representatives
a)
they asked the Court to be flexible with regard to the requirement of
invoices, deeds and other evidence, since the witnesses were displaced
suddenly, leaving behind their home and their belongings. There are no
medical care invoices either, as these families moved around constantly
without a place of refuge or a decent house to live in;
b)
with regard to consequential damages, the Court should take into
account, inter alia, the loss of real estate due to the facts of the massacre;
expenses in connection with steps taken before the authorities for them to
carry out actions for justice to be done; expenses regarding treatment of
health problems stemming from the facts; expenses to obtain information
regarding the whereabouts of the victims and those incurred seeking their
bodies; expenses caused by the murder of José Rolan Valencia and Sinaí
Blanco Santamaría; expenses to ship the body of Sinaí Blanco Santamaría on
a light aircraft; and expenses incurred resorting to national and international
non-governmental organizations, specialized rapporteurs, persons well-known
internationally, foreign authorities, to complain about the facts or to apply
pressure on the authorities.
c)
Marina Sanmiguel mentioned the property that she left behind after
the facts that took place in July 1997, the value of which amounted to US
$13,228.00; Nory Giraldo stated that after the facts she lost property
amounting to US $10,714; Viviana Barrera asserted that Antonio María
Barrera’s property at the time is now assessed at US$ 57,450; Mariela
Contreras stated that she fled the violence in Mapiripán leaving behind all her
property, amounting to US $16,436; the López Pinzón stated that the loss of
property and the health care expenses of Teresa López add up to US $
24,302. However, since the receipts for some of those expenses are not
available due to the circumstances of the displacement, the representatives
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